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(영문) 대전고등법원 2019.04.11 2018나15220
경계확정의 소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for adding the following judgments, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts to the effect that the court of first instance ordering the defendant to bear 2/3 of the costs of lawsuit, and that the above costs should be fairly apportioned.

Articles 98 and 101 of the Civil Procedure Act provide that the costs of lawsuit shall be borne by the losing party, and in the case of partial loss, the costs of lawsuit to be borne by the parties shall be determined

In addition, any objection against a judgment on the costs of lawsuit shall be permitted only if all or part of the appeal against the judgment on the merits is well-grounded, and it shall not be permitted if the appeal on the merits is groundless

(see, e.g., Supreme Court Decision 95Da38233, Jan. 23, 1996). Unless the defendant's appeal is justified, the defendant's assertion disputing the judgment on the burden of litigation costs in the first instance cannot be accepted.

Furthermore, the judgment on the burden of litigation cost of the first instance is justifiable in light of all circumstances, such as the progress of the lawsuit in this case and the ratio of the claim amount and the cited amount

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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