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(영문) 대구지방법원김천지원 2015.12.17 2015가단751
청구이의
Text

1. The defendant's decision on the amount of litigation costs against the plaintiff is based on the Daegu District Court Decision 2014Kao-146.

Reasons

1. Basic facts

A. On December 29, 2014, the Defendant filed an application with the Plaintiff for the determination of the amount of litigation costs relating to the Daegu District Court Decision 2013Kadan10808 Agreement Deposit case (hereinafter “the instant case”) between the Plaintiff and the Defendant as the Daegu District Court Kimcheon Branch 2014Kama146, and the said court rendered a ruling on December 29, 2014 that “the amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant is KRW 2,568,400,” and the said ruling was served on the Plaintiff on January 2, 2015, and was served on the Defendant on January 6, 2015 and became final and conclusive as is on January 13, 2015.

(hereinafter “Determination of the amount of litigation costs of this case”) B.

On January 8, 2015, the Plaintiff sought the office work of the attorney-at-law office in charge of the case on the merits, and asked the Defendant’s bank account number to pay the fixed amount of litigation costs of this case by telephone with the Defendant around January 8, 2015. However, the Plaintiff discontinued the phone without notifying the Defendant thereof.

C. On January 9, 2015, the chief of the above office sent a text message to the Defendant, stating that “I wish to send the litigation costs in the currency with the Plaintiff and Kimcheon-do case, I would like to send the bank account number and C attorney-at-law’s office page.” However, there was no contact with the Defendant.

On January 13, 2015, the Plaintiff deposited KRW 2,568,400, which is the fixed amount of the above litigation costs (hereinafter “the first deposit for repayment”) with the Defendant as a depositor in accordance with the Daegu District Court Decision 2015No. 36, May 13, 2015. On January 14, 2015, the Plaintiff informed the Defendant of the fact of the deposit through text messages through the head of the above office.

E. On the other hand, on January 12, 2015, the Defendant filed an application for compulsory auction of real estate E with the Daegu District Court (hereinafter “instant compulsory auction”) with respect to the Plaintiff’s share of ownership (ix/10 shares) in the area of 322 square meters, which is the joint ownership of the Plaintiff and the Defendant, for a resident support for the Seoul District Court.

F. On February 17, 2015, the Defendant deposited money as part of the damages for the amount of the first repayment deposit.

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