CLE Law Firm (Lead Attorneys: Park Jong-han, Lee Young-kyung) recently received a ruling confirming that the amount of litigation costs incurred due to the opposing party's improper injunction is approximately 44 million won after winning the injunction objection case.

• The principle is that the losing party bears the litigation costs.

• Litigation costs include attorney fees, and the attorney fees borne by the losing party refer to the amount determined by the rules regarding the inclusion of attorney fees in litigation costs, rather than the amount specified in the fee agreement made between the winner and the attorney.

• In practice, courts do not precisely determine litigation costs, so in order to clarify this, the winning party will apply to the court for a ruling on the determination of litigation costs and will receive a decision, which can be enforced against the opposing party based on the ruling document.

CLE Law Firm filed a request for determination of litigation costs to claim various litigation costs including attorney fees paid by the client due to the opposing party's improper real estate disposition injunction request after the ruling on the objection to the injunction was confirmed.

The opposing party claimed that the litigation costs assessed by CLE were excessive, but CLE argued that (i) this pertains to a case of an objection or cancellation of an injunction that underwent arguments or hearings, (ii) according to Article 26(1) of the Civil Procedure Act, the value of the subject matter of the lawsuit is calculated based on the claimed benefits, (iii) the standard for determining the litigation costs in the injunction objection case is based on the claim amount in the injunction case, and is unrelated to the amount of the main lawsuit, and (iv) emphasized that the value of the property specified in the application for an injunction and the claimed amount is over 6.6 billion won, and the court accepted CLE's opinion.

The court confirmed that the amount of litigation costs owed by the opposing party to the client is approximately 44 million won, based on the amount claimed by CLE of approximately 6.6 billion won.

CLE Law Firm not only won both the main case and the injunction objection case for the client but also worked hard to maximize the reimbursement of various costs incurred by the client, including attorney fees after the victory, and accordingly, the client was able to be recognized for a large amount of litigation costs by the court.

CLE Law Firm promises to continue to do its best for the benefit of the client.