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(영문) 수원지방법원평택지원 2016.01.06 2015가단10948
청구이의
Text

1. The Defendant’s determination of the cost of lawsuit at the Suwon District Court on January 8, 2015, 2014Kao291, which was rendered against the Plaintiff.

Reasons

1. Basic facts

A. As to the judgment in the instant case No. 2008Gahap30555 and the Seoul High Court No. 2009Na26765, the Plaintiff and C filed an application for confirmation of the amount of litigation costs under this Court’s 2014Kao291. On January 8, 2015, this Court rendered a decision to confirm that the Plaintiff’s reimbursement to C by each judgment in the instant case was KRW 10,81,650 (hereinafter “instant first decision”).

(2) On July 6, 2015, the lower court determined that the instant decision was final and conclusive on July 6, 2015, and that the instant decision reached the Plaintiff on July 6, 2015. (2) C transferred to the Defendant the claim for reimbursement of litigation costs based on the instant decision under Article 1, and notified the Plaintiff of the assignment of claims by content-certified mail on August 5, 2015, and the instant content-certified mail reached the Plaintiff around that time.

3) Meanwhile, the Defendant, as the assignee of the claim C on August 11, 2015, was granted the succession execution clause based on the instant order under Article 1. (b) On the other hand, the Defendant filed an application for confirmation of the amount of litigation costs under this court’s 2012Kahap1025 with the Plaintiff as to the judgment on the instant case No. 2012Gahap2925 between the Plaintiff and the Defendant. On January 20, 2015, this court rendered a decision to confirm that the amount of litigation costs that the Plaintiff is obligated to reimburse to the Defendant on January 20, 2015 (hereinafter “instant decision No. 2”).

(C) The Plaintiff and D Co., Ltd. (hereinafter “instant company”) whose representative director is the Plaintiff and D Co., Ltd. (hereinafter “instant company”). The instant decision on the determination of the amount of litigation costs between the Plaintiff and D Co., Ltd. was rendered final and conclusive on July 6, 2015, and the written decision on the re-appeal became final and conclusive on July 6, 2015.

Between this Court, 2005Gahap31 (principal lawsuit), 369 (No. 2015Kao1) filed a motion to determine the amount of litigation costs under this Court’s 2015Kao1.

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