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(영문) 서울중앙지방법원 2015.08.13 2015가단35551
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is based on the Seoul Central District Court Decision 2010Kao1503 Costs of Litigation.

Reasons

1. Facts of recognition;

A. On July 21, 2010, the Seoul Central District Court 2010Kaba1503, which the Defendant filed against the Plaintiff, rendered a final decision that the amount of the litigation cost to be repaid to the Defendant was KRW 3,720,490 (hereinafter “the final decision on the amount of the litigation cost of this case”).

B. On April 13, 2010, the Seoul Central District Court 2010Kao-393 case filed by the Plaintiff against the Defendant, rendered a final decision on April 13, 2010 that the Defendant’s reimbursement to the Plaintiff was KRW 1,628,890.

[Grounds for Recognition] Unsatisfy, Gap 1, 2-1

2. The Plaintiff expressed in the instant complaint the intent to offset the Defendant’s claim amount against the Defendant’s claim amount based on the final decision on the amount of litigation costs. As such, the amount of litigation costs to be reimbursed by the Plaintiff to the Defendant remains offset against the Plaintiff’s claim amount of litigation costs (=3,720,490 won-1,628,890 won).

Therefore, compulsory execution based on the decision of determination of the amount of litigation costs of this case shall not be permitted only to the portion exceeding KRW 2,091,60.

On the other hand, the plaintiff asserts that his wife and her wife are offset against the defendant's claim on an equal amount with the amount of litigation costs of this case. However, the defendant's claim against her husband cannot be offset against the defendant's claim. Thus, this part of the claim is without merit.

3. The plaintiff's claim for conclusion is reasonable within the scope of the above recognition, and it is so decided as per Disposition.

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