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(영문) 서울남부지방법원 2018.10.31 2018가단238739
청구이의
Text

1. The Defendant’s decision to determine the amount of litigation costs (Seoul Southern District Court Decision 2016Kao10710, Feb. 7, 2017) against the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments as to the evidence A in subparagraphs 1 through 7, the defendant filed an application with the Seoul Southern District Court 2016Kao10710 to determine the amount of litigation costs (hereinafter “instant decision”) and received a final and conclusive decision at around that time that time, the above decision became final and conclusive. The defendant filed an application for compulsory execution based on the above decision and filed a lawsuit of demurrer against the plaintiff, but the plaintiff did not reimburse only the above amount of litigation costs and did not pay KRW 1,014,830 for the expenses required for compulsory execution, and thus did not become effective as a partial deposit (Seoul Southern District Court 2018Gao2381), and the judgment against the defendant was rendered final and conclusive (Seoul Southern District Court 2018Gao2381), and the plaintiff attempted to pay KRW 1,014,830 for the above execution costs and additional service charges 75,000 for the defendant's deposit to the defendant, but it is recognized that the defendant rejected the execution costs.

B. According to the above facts of recognition, the defendant's claim for the above costs of lawsuit against the plaintiff was all extinguished.

Therefore, compulsory execution based on the decision of this case shall be dismissed.

2. If so, the plaintiff's claim is reasonable, and thus, it is determined that the litigation cost is borne individually in consideration of all the circumstances such as the process of the case and the progress of the lawsuit.

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