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(영문) 서울중앙지방법원 2015.12.22 2015나41120
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. The Defendants shall jointly and severally serve as the Plaintiff KRW 1,566,560.

Reasons

1. In the instant case, the Plaintiff filed a claim concerning KRW 52,336,438 (hereinafter “instant amount of reimbursement”) and legal procedural costs of KRW 1,566,560.

The court of first instance rejected the claim for reimbursement of this case due to subrogation, and dismissed the part of the claim for legal procedural costs (hereinafter referred to as the "claim for procedural costs of this case").

However, the Defendants did not appeal but appealed on the part of the claim for procedural costs of this case.

The scope of the court's trial is the part of the claim for procedural costs of this case.

2. Each fact in the separate sheet of grounds for the claim does not conflict between the parties.

3. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 5 (including paper numbers) as to the part of the instant lawsuit’s claim for procedural costs, the Defendants, at the time of the credit guarantee agreement between the plaintiff and defendant A, agreed to pay to the plaintiff the legal procedural costs incurred by the plaintiff in order to preserve the claim for reimbursement acquired by the performance of the guaranteed obligation. The Plaintiff spent KRW 1,268,800 as the litigation cost on August 13, 2004 in order to preserve the claim for reimbursement of amount of reimbursement, collected KRW 153,530 among them, and collected KRW 120,900 as the expenses for filing an application for property specification and an application for property inquiry on November 29, 201, and paid KRW 330,390 as the expenses for filing an assignment order.

The above agreement on the legal procedure cost is reasonable to see that the contents of the liability for damages are determined in advance in the event of the defendants' default on obligations.

Although legal procedural costs can be paid through the procedure for determining the amount of litigation costs, they can only be reimbursed within the limit of the amount prescribed by the law if they are based on the procedure for determining the amount of litigation costs.

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