1. The instant lawsuit shall be dismissed.

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

1. On May 19, 2005, the Plaintiff filed a lawsuit against the Defendant for claiming the return of deposit, etc. with the Suwon District Court Decision 2004Kadan27064, and sentenced on May 19, 2005, “the Defendant shall pay to the Plaintiff 80,427,808 won and the amount calculated by applying the rate of 5% per annum from May 23, 2003 to May 7, 2004, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive on July 8, 2005.

【Reasons for Recognition】 Entry of Evidence No. 5, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. As to the part of the claim for litigation costs, the Plaintiff sought payment of KRW 447,900,00 in total of the stamp fees and service fees borne by the Plaintiff in the lawsuit claiming a refund of deposit, etc. by the competent Suwon District Court 2004Da127064, Jan. 2, 200 (= KRW 81,000 in delivery fee of KRW 366,90) and delay damages.

In light of the above, the amount of litigation cost spent by ex officio can be repaid through the final procedure of litigation cost determination (Supreme Court Decision 9Da68577 delivered on May 12, 200). Thus, there is no benefit to seek reimbursement of the above litigation cost by the lawsuit in this case without going through the final procedure of litigation cost determination (Supreme Court Decision 9Da68577 delivered on May 12, 200). For the interruption of extinctive prescription of the right to demand reimbursement of the litigation cost by the final decision of the amount of litigation cost determined, the plaintiff must undergo the final procedure of litigation cost determination and there is no

Therefore, the part of the Plaintiff’s claim for litigation costs in the instant lawsuit is unlawful.

B. In this case, the Plaintiff brought a lawsuit for the extension of the statute of limitations for the claim for the refund of deposit established in the previous final and conclusive judgment, the Defendant asserts to the effect that the Defendant does not have the obligation to return the deposit according to the above final and conclusive judgment

Any property that accrues before the debtor is declared bankrupt;