Applicant (Attorney Song-chul et al., Counsel for defendant-appellant)

The motion of this case is dismissed.

The Seoul High Court 201Na44742 is the plaintiff in the damages case, and the junior administrative officer in charge of the application for confirmation of the stamp amount refund in accordance with Article 33(2) and (3) of the Rules on the Stamps Attached for Civil Litigation, etc. is to issue a confirmation document.

1. Basic facts

According to the purport of the whole records and arguments, the following facts can be acknowledged:

On October 23, 2009, the applicant filed a lawsuit claiming damages against the non-applicant 1, the Seoul Central District Court 2009Gahap120493, which caused tort, and damages for delay. On May 26, 2010, the applicant extended the purport of the claim by seeking the claim amount of KRW 559,504,478, and the damages for delay thereof, and paid stamp corresponding to the increased portion. The applicant submitted a written withdrawal of a partial lawsuit on November 9, 2010, reduced the claim amount of KRW 485,956,690 and the damages for delay.

○ On October 4, 2011, when the Seoul High Court case No. 2011Na44742 was being tried, the applicant filed an application for refund of stamp value, stating that the stamp amount corresponding to the claim amount reduced by the above partial withdrawal letter was refunded.

On December 13, 2011, a junior administrative officer, who belongs to the court in charge of the above appellate case, prepared and issued a written opinion that reducing part of the same claim to the applicant does not constitute grounds for recognition refund.

2. Purport of the claimant's assertion

According to Article 33(3) of the Act on the Stamps Attached for Civil Litigation, Etc., the amount of revenue stamps corresponding to the claim withdrawn when a part of multiple claims is withdrawn may be refunded as above. As such, the applicant may receive a refund of revenue stamps equivalent to the amount of claim reduced by a partial withdrawal of a lawsuit. However, since the above applicant’s application for revenue stamps is issued instead of a written confirmation, the above junior administrative officer should issue a “written confirmation” as stipulated in Article 33(2) of the Rules on the Stamps Attached for Civil Litigation, Etc.

3. Determination

In the event that a number of claims are filed in one lawsuit and the entire claim forming part of the multiple claims is withdrawn, it shall be subject to refund, but it shall not be subject to refund in the case of reducing part of a single claim. Therefore, the applicant’s application of this case cannot be accepted on the contrary premise.

The petition of this case is dismissed as it is without merit.

Judges Noh Tae (Presiding Judge) Jin Tae (Presiding Judge)