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(영문) 서울동부지방법원 2016.08.26 2016가단14011
청구이의
Text

1. The Defendant’s decision on March 30, 2015 on the amount of litigation costs determined by Seoul Eastern District Court Decision 2014Kao656 against the Plaintiff.

Reasons

Facts of recognition

Comprehensively taking account of the purport of Gap 1-1-3, 2, and the entire arguments, the defendant filed an application against the plaintiff for determination of litigation costs against the plaintiff as Seoul East Eastern District Court 2014Kade656 decided October 23, 2012, Seoul East Eastern District Court 2012Gahap5689 decided October 23, 2012, and Seoul High Court 2013Na20467 decided October 31, 2013, and on March 30, 2015, "the amount of litigation costs to be reimbursed to the defendant by the above judgment is 11,223,150 won," and the above determination was rejected by the plaintiff as the appellate court 2015Ra26 decided May 12, 2015, and the plaintiff subsequently filed an immediate appeal against the defendant, which became final and conclusive by the court below 2015Ra1016 decided October 15, 2015."

Judgment

If a decision of dismissal of an appeal is made on the determination of the amount of litigation costs in the first instance, the decision of the first instance court, and if a new decision of the appellate court is made after the cancellation of the decision of the appellate court, the decision of the appellate court becomes an executive title, and thus the objection of an appeal may be filed against each of the above decisions.

In case where a decision to change the first instance court's decision was made in the appellate court, if the above decision was made with respect to one claim, it shall be deemed that the first instance court's decision was cancelled as a whole and a new decision was made again. In such a case, the appellate court's decision shall become an executive title, and compulsory execution based on the already cancelled decision shall not be permitted.

Therefore, the defendant's decision on March 30, 2015 to determine the costs of lawsuit by Seoul Eastern District Court 2014Kao66.

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