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(영문) 부산지방법원 2020.01.10 2019나3384
소송비용
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff is the representative of the tenant of Busan Dongdong-gu C Apartment (hereinafter "the apartment of this case"), and the defendant is the representative of the neighbor's meeting of the apartment of this case.

B. D, the former occupant representative of the instant apartment, was subject to a non-suspectable disposition as to embezzlement of some useful part of the defect warranty bond of the instant apartment, and the occupants of the instant apartment, who were the occupants of the instant apartment, decided to file a civil lawsuit claiming for the return of unjust enrichment of KRW 19,960,000, useful defect warranty bond with D as the Defendant (hereinafter “instant lawsuit”).

C. On July 24, 2017, the Plaintiff filed a lawsuit for return of unjust enrichment against D with the Busan District Court (2017 Ghana52187), but was sentenced to the judgment dismissing the Plaintiff on January 16, 2018, and the Plaintiff filed an appeal with the same court (2018Na951), but was sentenced to the dismissal of the appeal on September 5, 2018, and the said judgment became final and conclusive on September 28, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 8, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the lawsuit of this case is in progress shall be borne first by the plaintiff, and the expenses incurred by the court of first instance up to one million won, and the expenses incurred by the court of second instance up to 1.5 million won by the occupants of the apartment of this case agreed to pay them by the defendant by bearing the litigation costs.

The plaintiff actually disbursed 2 million won in total as the costs of lawsuit in the first and second instances. Thus, the defendant must pay 2 million won in total to the plaintiff as the costs of lawsuit in this case.

B. We examine the judgment, and the fact that the occupant of the apartment of this case agreed to pay to the Plaintiff KRW 2.5 million out of the litigation costs of this case is insufficient to acknowledge the evidence No. 10 alone, and there is no other evidence to acknowledge it. Furthermore, even if based on the plaintiff's assertion, the defendant is the neighbor's meeting of the apartment of this case.

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