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(영문) 울산지방법원 2020.08.27 2019가단13925
청구이의
Text

1. U.S. District Court Decision 2019Kao1030 against the Defendant’s Plaintiff rendered an executory decision on the amount of litigation costs.

Reasons

1. In full view of the purport of the argument in Gap evidence No. 1, the court of this case that the defendant filed an objection against the plaintiff on October 18, 2019 as a whole, the court of this case rendered a ruling that "The court of Ulsan District Court 2017Da17237, 2018Na26500 between the plaintiff and the defendant, and Supreme Court 2019Da226197 decided that the amount of litigation costs that the plaintiff shall be repaid to the defendant by the ruling in the objection against distribution against the plaintiff is 14,168,795 won" (hereinafter referred to as the "decision of this case"). The above ruling of this case became final and conclusive on October 18, 2019, the court of this case that did not pay the above money, and the court of this case may recognize the fact that the plaintiff paid the plaintiff a compulsory auction against the defendant on October 29, 2019, the court of this case paid the above KRW 14,79739.7

2. The plaintiff's assertion

A. The amount of litigation costs of the decision of this case is calculated falsely by the defendant, and it is invalid since it was calculated in violation of the rule regarding inclusion of litigation costs in attorney fees.

B. The foregoing judgment is null and void inasmuch as the Defendant received a favorable judgment in the case of demurrer against distribution, which is a principal case of the instant decision, by illegally committing a lawsuit fraud, in the Ulsan District Court Decision 2017Da17237, 2018Na26500, Supreme Court Decision 2019Da226197, which is the case of demurrer against distribution

C. On July 9, 2020, the Plaintiff paid all the costs of lawsuit 14,168,795 based on the instant decision to the Defendant.

3. Determination

A. If, after a judgment on the substantive relationship of the obligation to reimburse the costs of lawsuit has already become final and conclusive in the judgment on the merits which have res judicata, the court rendered, based on such judgment, the determination on the costs of lawsuit is a final and conclusive judgment which specifically embodys the judgment on the substantive relationship of the cost of lawsuit in the judgment on the merits.

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