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(영문) 부산지방법원 2016.10.20 2016가합1376
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on the Busan District Court Decision 2014Kao-328 decided on the amount of litigation costs.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff and Construction Mutual Aid Association in Busan District Court 2010Gahap24049 (hereinafter “subject case”), and the said court closed the pleadings on December 18, 2013, and rendered a judgment on January 15, 2014 regarding the part arising between the Defendant and the Plaintiff out of the litigation costs, which partly accepted the Defendant’s claim on January 15, 2014, 3/5 of the litigation costs, including that the Defendant and the Plaintiff should bear the remainder (hereinafter “instant judgment”).

On December 30, 2013, the Plaintiff filed a corporate rehabilitation procedure with the Seoul Central District Court 2013 Ma291, and received a decision to commence the rehabilitation procedure on January 9, 2014.

B. On March 27, 2014, the Defendant filed an application with the Busan District Court 2014Kao-328 against the administrator C, etc. of the Debtor A, etc., to determine the amount of litigation costs relating to the subject case. On December 5, 2014, the judicial assistant officer of the above court rendered a decision to confirm that the amount of litigation costs to be reimbursed by the administrator C of the Debtor A, Inc, to the Defendant, is KRW 61,413,842 (hereinafter “instant decision to determine the amount of litigation costs”).

C. On December 22, 2014, the administrator C of the rehabilitation debtor A Co., Ltd. filed an objection against the above decision, but the court of first instance decided to authorize the above disposition of the judicial assistant on January 6, 2015.

On March 26, 2015, when the appeal court is pending, the Plaintiff received a decision to discontinue rehabilitation procedures from the Seoul Central District Court on April 28, 2015, and took over the lawsuit by filing a request to resume the lawsuit with the administrator C of the rehabilitation debtor A, and on August 31, 2015, the Plaintiff’s appeal was dismissed. The Plaintiff filed a reappeal on January 5, 2016, but the Supreme Court dismissed the Plaintiff’s reappeal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers, hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. The parties' arguments.

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