In case where several co-litigants appoint a different attorney and perform the lawsuit, and the judgment on the other party to bear the lawsuit costs is pronounced, the attorney’s fees to be paid by the other party to the part of the co-litigants (=total amount of attorney’s fees calculated in accordance with the Regulations on the Calculation of Litigation Costs based on the lawsuit of the relevant party)

Article 110 of the Civil Procedure Act

Applicant

Respondent (Law Firm Barun, Attorneys Kim Jung-soo et al., Counsel for the defendant-appellant)

Seoul High Court Order 2011Ra1918 dated February 23, 2012

The reappeal is dismissed.

The grounds of reappeal are examined.

In case where several co-litigants appoint a different attorney and had him/her institute a lawsuit, and the judgment on the other party bears the litigation costs, the attorney’s fees to be paid to a part of the co-litigants are the total amount of the attorney’s fees calculated in accordance with the rules on the inclusion of litigation costs in the attorney’s fees based on the lawsuit related to the said party, and the said attorney’s fees are not the amount equally divided by the number

The lower court did not err by misapprehending the legal doctrine regarding the method of calculating the costs of lawsuit, contrary to what is alleged in the grounds of reappeal.

The Supreme Court decisions cited as the grounds of the grounds for reappeal relate to the case in which co-litigants appoint the same attorney-at-law, and it is not appropriate to invoke this case differently from this case.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Chang-soo (Presiding Justice)