(영문) 서울동부지방법원 2020.09.10 2019가합114704

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(영문) 서울동부지방법원 2020.09.10 2019가합114704

손해배상금

Text

Of the instant lawsuits, 221,740 won claims shall be dismissed.

The defendant shall pay to the plaintiff KRW 450,000,000 as well as to the plaintiff.

Reasons

1. According to the purport of Gap evidence Nos. 1, 3, and 4 as part of the plaintiff's claim and the whole arguments, the plaintiff filed an application for payment order against the defendant and Eul with the court 2009 tea 6632 (2009Gahap13116). The above court issued a payment order under the plaintiff's application on June 12, 2009, "the defendant and C jointly and severally ordered the plaintiff to pay 450,000,000 won and delay damages therefor to the plaintiff" (hereinafter "advance payment order"). The defendant did not object to the delivery of the original copy of the preceding payment order and the prior payment order against the defendant was finalized on July 7, 2009. According to the above recognized facts, the defendant has a duty to pay the plaintiff with 450,000,0000 won and delay damages calculated on June 29, 2008 to June 29, 2008.

2. The portion dismissed: (a) ex officio examining whether the part concerning the demand procedure cost of the instant lawsuit is lawful; (b) the Plaintiff sought payment of KRW 221,740 in the demand procedure cost related to the prior payment order (i.e., the delivery fee of KRW 185,500 (i., the delivery fee of KRW 36,240). However, the demand procedure cost is part of the costs of lawsuit (Article 473(4) of the Civil Procedure Act); and (c) a separate claim of the amount paid as the costs of lawsuit is not allowed as an unlawful lawsuit lacking the benefit of lawsuit (see, e.g., Supreme Court Decision 86Meu803, Mar. 10, 1987). In order to suspend the claim for reimbursement of the costs of lawsuit based on the final and conclusive decision on the amount of litigation cost, the Plaintiff shall undergo the procedure for determining the amount of litigation cost, and there is no benefit to demand a separate payment.

Therefore, the claim amounting to KRW 221,740, which is the cost of demand procedure, among the lawsuit of this case, is unlawful as there is no benefit of lawsuit.

3. Conclusion, KRW 221,740, among the instant lawsuits.

참조조문

-민사소송법 제473조 제4항

참조판례

-대법원 1987. 3. 10. 선고 86다카803 판결

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