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(영문) 청주지방법원 영동지원 2018.01.12 2017가단888
소송비용액확정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. According to the records, the following facts are recognized.

A. B filed against the Plaintiff on August 22, 2017 an application for the determination of litigation costs set forth in Youngju District Court Branch 2017Kao191.

B. On September 21, 2017, the judicial assistant officer of the above court rendered a decision that “The respondent (Plaintiff) is KRW 8,002,422, with respect to the lawsuit claiming return of unjust enrichment between the above parties, as to the Cheongju District Court’s Young-dong Branch 2013da20152, Cheongju District Court’s 2014Na2113, Cheongju District Court’s Appellate Court’s determination that the amount of the litigation cost that the

C. On October 19, 2017, the Plaintiff raised an objection to the said decision, and the said court rendered a decision to authorize the said decision to determine the amount of litigation costs. D.

The case of application for the determination of the amount of the above litigation costs is currently pending in the appellate court (Cheongju District Court 2017Ra233).

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

On the final decision of the amount of litigation costs, an immediate appeal can only be filed (Article 110(3) of the Civil Procedure Act). A civil lawsuit may not be filed against the defendant or the first instance court that rendered the above decision, which directly seeks revocation of the decision, and the defendant has no title to revoke the above decision ex officio.

3. The instant lawsuit is inappropriate and its defects cannot be corrected, and thus, it is dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

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