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(영문) 전주지방법원군산지원 2017.10.31 2017가단2002
수표금
Text

1. Of the instant lawsuits, the part on the claim of KRW 201,740 shall be dismissed.

2. The Defendants jointly do so to the Plaintiff.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. The part of dismissal is that the plaintiff sought payment of KRW 201,740 to the defendants for the demand procedure expenses incurred in the payment order procedure previously requested by the plaintiff against the defendants. This part of dismissal is examined ex officio as to the legitimacy of the above claim.

Urging procedural costs constitute a kind of litigation costs. The amount paid as a lawsuit can only be repaid after a final judgment became final and conclusive, and there is no interest in filing a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 200). The part of the Plaintiff’s demand procedural costs claim is unlawful.

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