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(영문) 인천지방법원 2021.03.03 2020가단277916
공사대금
Text

1. Of the instant lawsuit, the part concerning the claim for the expenses of demand procedure shall be dismissed.

2. The Defendant’s KRW 60,401,801 and this shall apply to the Plaintiff.

Reasons

1. Indication of the Claim: [Attachment] Description of the cause of the Claim (Provided, That “creditor” shall be deemed “Plaintiff” and “debtor” shall be deemed “Defendant”; 2. Judgment without pleading (Articles 208(3)1 and 257 of the Civil Procedure Act)

3. Some dismissed parts of the Plaintiff sought payment of KRW 236,00 of the cost of demand procedure in the instant lawsuit. However, the cost of demand procedure is part of the cost of lawsuit, and the amount paid as the cost of lawsuit can be repaid through the procedure for confirmation of the amount of litigation cost under the provisions of the Civil Procedure Act after the judgment becomes final and conclusive, and there is no benefit to seek payment separately (see, e.g., Supreme Court Decision 2010Da9697, Mar. 24, 201). Of the instant lawsuit, the part seeking payment of the cost of demand procedure in the instant lawsuit is an incidental

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