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(영문) 인천지방법원 2020.04.08 2019가단270599
사용료
Text

1. Of the instant lawsuits, the part on the claim of KRW 75,200 shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 42,489,786.

Reasons

1. Indication of claims: To state the grounds for claims (attached Form);

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”). 2. Applicable legal provisions: Articles 208(3)1 and 257(1) of the Civil Procedure Act

3. We examine ex officio the part dismissing part of the lawsuit in this case as to the legitimacy of the claim of KRW 75,200 of the expenses for demand procedure.

The cost of demanding procedure is part of the cost of lawsuit, and the cost of lawsuit can be reimbursed after the final judgment becomes final and conclusive, so there is no benefit to seek the payment separately.

(see, e.g., Supreme Court Decision 2010Da96997, Mar. 24, 2011). Therefore, this part of the lawsuit is dismissed as it is unlawful because it does not have any interest in the lawsuit.

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