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(영문) 창원지방법원 거창지원 2018.01.23 2017가단1788
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 27, 2013, the Plaintiff filed a lawsuit against the Defendant seeking damages of KRW 28,389,000 with this court. However, the said court rendered a judgment that the Plaintiff is liable to pay litigation costs by dismissing the Plaintiff’s claim on January 28, 2014 (No. 2013da3052), and the Plaintiff appealed against this, but the Changwon District Court rendered a judgment that all of the Plaintiff’s appeal was dismissed on October 16, 2014 (No. 2014Na30487) that the costs of appeal are borne by the Plaintiff (No. 2014Na30487), and the Supreme Court rendered a judgment that dismissed the Plaintiff’s appeal on January 15, 2015 (Supreme Court Decision 2014Da230917).

B. On March 4, 2015, the judicial assistant officer of this court rendered, upon the Defendant’s application, a disposition to determine the amount of litigation expenses that the Plaintiff would have to pay to the Defendant as KRW 6,121,670 by the judgment of the first, second, and third court on March 4, 2015, and the Plaintiff raised an objection, but this court rendered a decision to authorize the above disposition of the judicial assistant officer (this Court No. 2015Kao3, hereinafter “the first court decision”).

The Plaintiff’s appeal against this was dismissed (Seoul District Court Notice 2015Ra10011, Jan. 11, 2016), and the reappeal was also dismissed (Supreme Court Notice 2016Ma5064, Apr. 22, 2016) (Supreme Court Decision 2016Ma5064, Apr. 22, 2016).

Meanwhile, on May 9, 2016, the said decision to dismiss the reappeal was served on the Plaintiff, and the Plaintiff filed an application for quasi-deliberation against the said decision to dismiss the reappeal, but was dismissed on March 7, 2017.

(2016mama88). Accordingly, on March 21, 2017, the Plaintiff filed an application for quasi-deliberation on the determination of the amount of litigation costs of the instant case No. 1, but was dismissed on September 18, 2017 (No. 2017 Jamama1), and is still pending in the appellate trial.

(C) Changwon District Court 2017Ra10142).

On October 25, 2013, the Plaintiff filed a lawsuit against the Defendant seeking damages of KRW 78 million in this court, but the said court on May 2014.

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