The competent court of a petition for confirmation of the amount of litigation costs in the case on the merits

According to the purport of the provision of Article 104 of the Civil Procedure Act, in a case where a lawsuit is terminated without a trial, the court where the case is pending at the time of the termination of the lawsuit shall determine the ratio and specific amount of the cost of the trial, and thus, the application for confirmation of the amount of the cost of the appellate

Article 104(1) of the Civil Procedure Act

Lee & Lee LLC et al.

Senior Passenger Transport Corporation

Suwon District Court (85Ka8211 Ruling)

1. Of the original decision, the part concerning the costs of lawsuit in the appellate trial is revoked, and the applicant’s application for confirmation of the cost of lawsuit in the appellate trial is dismissed, and the applicant’s application for confirmation of the cost of lawsuit in the appellate trial is dismissed.

2. The remaining appeal (the final part of the costs of lawsuit in the first instance) against the respondent is dismissed;

Determination to determine the amount of litigation cost to be borne by the respondent in relation to the claim for damages (court of first instance) between the applicant and respondent in Suwon District Court 83 Gohap1585 (court of first instance) and 2,256,725 won and the amount of litigation cost to be borne by the respondent in relation to the claim for damages (court of appeal) between the applicant and respondent and the respondent in this case and 84 2,081,986 won.

The original decision shall be revoked.

The decision that the petitioner's request for confirmation of litigation costs is dismissed.

On May 16, 1984, with respect to the claim for damages between the plaintiffs and the defendant who are the plaintiffs and the respondent, the Suwon District Court Decision 83Gahap1585 decided on May 16, 1984. Accordingly, the judgment of the first instance court in which part of the plaintiffs (i.e., "three equal portions of the lawsuit costs" are "the plaintiffs' and the remainder are "the defendant's each responsibility"). Accordingly, the respondent filed an appeal against only the applicant's operation as of June 18, 1985 and the above applicant filed an incidental appeal on January 7, 1985. The respondent withdrawn the appeal on February 6, 1985. The above lawsuit costs of the appellate court are not concluded by the trial, and the court below determined the amount of each lawsuit costs of the first instance court and the appellate court in which the respondent should bear between the applicant and the respondent with respect to the claim for confirmation of the amount of the lawsuit costs such as the petitioner's statement in the purport of the application.

However, according to the purport of Article 104 of the Civil Procedure Act, if a lawsuit is terminated without a judgment, the court at the time of termination of the lawsuit shall determine the ratio and specific amount of the costs of lawsuit in that court. In this case, notwithstanding the fact that the lawsuit in this case is terminated without going through the judgment of the above appellate court, the applicant does not apply for confirmation of the costs of lawsuit in the above appellate court at the time of termination of the lawsuit, but applies for confirmation of the costs of lawsuit in the above appellate court at the time of termination of the lawsuit, and it is improper for the above first instance court which is the court below to make a decision on it. In addition, in relation to the interest of the applicant's right, who is not a party to the lawsuit in the above appellate court, the

However, it is obvious that the amount of the first instance trial cost between the applicant and the respondent and the amount of the lawsuit cost to be borne by the defendant is KRW 1,664,058, as shown in the attached Form.

Therefore, the part concerning the appellate court's costs of KRW 2,095,320 among the original judgment is unfair in its conclusion. Thus, the part concerning the appellate court's costs of KRW 2,095,320 is revoked and the applicant's objection is dismissed, and the applicant's objection is dismissed, and the application for confirmation of the applicant's objection is dismissed, and the part concerning KRW 1,664,058 in the final amount of the costs of lawsuit in the first instance court's judgment is just, and the respondent's appeal

Judges Kim Sung-il (Presiding Judge)