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(영문) 서울고등법원 2017.04.05 2016나2063706
비용청구의소
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: (a) the part of “1. Basic Facts” in the reasoning of the judgment of the court of first instance related to “1. Ma. Plaintiff’s expenditure related to the civil procedure of this case” to “ [applicable ground for recognition]” (Articles 5, 19, and 6. 8 of the judgment of the court of first instance) are the same as the part of “1. Initial Facts” as the reasoning for the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 4

“The Plaintiff paid KRW 11,19,550 in total as the delivery fee of the lawsuit against C, and KRW 1,250 in total as the recognition fee of the first instance court, KRW 53,250 in the second instance court, KRW 42,600 in the second instance court, KRW 42,600 in the second instance court, KRW 614,200 in the second instance court. The Plaintiff delegated the settlement of the first instance court and the second instance court in the lawsuit against Mlaw Firm, and he paid KRW 8,80,000 in the first instance court, KRW 11,00,00 in the first instance court, and KRW 30 in the first instance court’s retainer of the lawsuit. The Plaintiff paid KRW 11,00 in the first instance court,0 in accordance with the agreement to pay the contingent fee of KRW 53,50 in the second instance court, KRW 409,50 in the second instance court, KRW 300,000 in the first instance court’s contingent fee.

2. The court's explanation on this part is the same as the entry of "the occurrence of the obligation to reimburse expenses" in the reasoning of the judgment of the court of first instance. Therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Scope of the obligation to pay expenses;

(a) In principle, Article 405(1) of the Commercial Act provides that "the costs of a company shall be equivalent to those of the costs of a lawsuit and other costs incurred by a lawsuit."

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