logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.10.29 2015가단42250
청구이의
Text

1. The Defendant’s decision on May 18, 2015 to determine the amount of litigation costs (No. 2015Kao113) against the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 18, 2015, the Defendant filed an application with the Suwon District Court for the determination of the amount of litigation costs with the Suwon District Court 2015Kamada113, and rendered a decision from the above court that “The amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant by the judgment in the Suwon District Court 2013Gapoe 57818 damages case between the Plaintiff and the Defendant shall be determined as KRW 655,138” (hereinafter “decision on the determination of the amount of litigation costs of this case”). The said decision became final and conclusive around that time

B. On July 21, 2015, the Plaintiff deposited KRW 655,138 to the Defendant with the Suwon District Court No. 2015, KRW 7077.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, since the defendant's claims against the plaintiff based on the determination of the amount of the lawsuit costs in this case are repaid and deposited and extinguished, compulsory execution based on the above determination shall be rejected.

The defendant asserts that the plaintiff should be refunded KRW 841,283 as additional costs incurred for compulsory execution due to the plaintiff's failure to perform his/her obligation based on the determination of the amount of the lawsuit costs in this case. However, since this is not included in the determination of the amount of the lawsuit costs in this case, it cannot proceed to compulsory execution based on the determination of the amount of the lawsuit costs in this case on the ground of the above determination of the amount

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

arrow