1. The instant lawsuit shall be dismissed.

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

1. The Defendants, as the cause of the Plaintiff’s claim, filed a lawsuit against the Echid Industry Development Co., Ltd. (hereinafter “Echid Industry Development”), but became final and conclusive by the Supreme Court Decision 2015Da202209, and the Echid Industry Development filed an application against the Defendants for confirmation of litigation costs with the District Court Decision 2015Kao-5234, respectively, and the litigation costs were determined to be KRW 10,762,082, respectively.

The Plaintiff acquired the claim for the return of litigation costs against the Defendants of the AD Industry Development from the ED Industry Development, and notified the Defendants of the transfer of the claim.

Therefore, the Plaintiff seeks to the Defendants the final amount of litigation cost stated in the claim.

2. The defendant asserts that there is no benefit of lawsuit since the lawsuit cost claimed by the plaintiff can be subject to compulsory execution by being granted by succession execution clause.

On the other hand, the amount of litigation costs spent as litigation costs can be repaid through the final procedure for the determination of litigation costs, and there is no benefit in filing a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). The Plaintiff, as a transferee of the claim for litigation costs, may obtain an execution clause by succession to the decision of the amount of the above litigation costs from the District Court.

Therefore, the plaintiff has no interest in filing a lawsuit separately.

In this regard, the plaintiff asserts that there is a benefit in the lawsuit since the defendants filed a claim for set-off against the above claim and are actually disputing the plaintiff's claim for the amount of the transferred claim. However, the dispute over the substantive relation of rights and duties as to the already established litigation costs must be disputed through the lawsuit of objection, etc. Therefore, the plaintiff's assertion

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.