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(영문) 서울고등법원 2015.08.19 2014나2042507
정산금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except in the following cases: (a) 4-B(2) and 3-B(3) of the judgment of the court of first instance (Articles 8, 13-16 and 10-16 of the judgment of the court of first instance); and (b) see it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the dismissal [the grounds of appeal Nos. 4-B(2) and 3(3) of the judgment of the court of first instance (the part of the judgment No. 8 of the court of first instance, No. 13 through No. 10 of the judgment)] 【2 of the litigation costs of the lawsuit related to this case ] 【Article 5(5) of the decision of recommending reconciliation of this case decided that the litigation

However, in light of the following circumstances acknowledged based on the facts as seen earlier, Gap evidence Nos. 2, 8, Eul evidence Nos. 2, 4, and 6, and testimony of witness A of the court of first instance, the above provision merely means that the parties cannot claim litigation costs from the other party separately from the settlement of the trust business of this case, including the litigation costs of this case, and it is difficult to view that the subject of settlement is excluded from the litigation costs of this case.

Therefore, the Defendant’s remaining payment (No. 4) stated only the amount of KRW 165 million (including value-added tax) out of the litigation costs of the instant lawsuit, which was paid by the Plaintiff to the Plaintiff as the remainder. However, the attorney-at-law’s retainer fee and KRW 77 million, which is the litigation costs of the instant lawsuit, and KRW 254,366,90, which is the remainder of the litigation costs of the instant lawsuit, were disbursed as a trust company loan or PF loan for the instant trust business, and the Defendant repaid each of the above loans with the remainder paid by the Plaintiff.

Ultimately, the entire litigation cost of the instant lawsuit was settled as the remainder that was actually paid from the Plaintiff.

All the costs of the instant lawsuit are 496.

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