Whether there is a benefit in claiming physical appraisal costs separately (negative)

Even if the amount paid as all inspection expenses is directly paid without being subject to the prepayment procedure, it is included in the appraisal expenses, and the amount paid as the litigation expenses can be repaid through the final procedure of litigation. Therefore, there is no benefit to seek a separate lawsuit.

Articles 100 and 226 of the Civil Procedure Act

Plaintiff

Attorney Kim Jong-soo, Counsel for the defendant-appellant

Daegu High Court Decision 85Na1413 delivered on February 28, 1986

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

With respect to No. 1:

According to the reasoning of the judgment below, the court below rejected the plaintiff's appraisal result of the first instance court's appraiser 1's appraisal result, which found that the plaintiff was unable to work as an out-of-work source due to physical disorder, etc. in the first instance court's order and that 74 percent of his work ability was reduced even when he was engaged in urban daily work, and based on this finding, it rejected the plaintiff's appraisal result of the non-party 2 who is placed in the court below's order in calculating the plaintiff's import loss damages. Meanwhile, since the accident in this case occurred, it was inevitable for the plaintiff to use the plaintiff's her her her her 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's ''s 's 's ''' '' ''''''s ' '''''''s ''' '''''''' ''''''''''' ''''.

In comparison with records, we cannot agree with the above fact-finding by the court below, and it is not reasonable to conclude that the court below's measure rejecting the result of the physical appraisal by Nonparty 2 is contrary to logical and empirical rules, such as the theory of lawsuit, and therefore, it is not reasonable to charge the deliberation of evidence and the fact-finding.

With respect to the second ground:

The amount (1,335,610 won) that the Plaintiff spent as expenses for overall inspection for the appraisal (1,335,610 won) in the instant lawsuit is included in the cost of the instant lawsuit, even if it was directly disbursed without going through the prepayment procedure, and the amount paid as the cost of the lawsuit can be repaid through the final procedure of litigation, so there is no benefit to file a lawsuit separately.

The judgment of the court below to the same purport cannot be viewed as a misunderstanding of legal principles as to the costs of lawsuit.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee B-soo (Presiding Justice)