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Kim & Rhee law Office

Litigation Cost Confirmation

Guidance from Civil Counsel

Litigation Cost Recovery Application | Civil Litigation Attorneys

If your civil lawsuit has ended,you should file a litigation cost ruling application.

1

Who must bear civil litigation costs?

Article 98 of the Civil Procedure Act (Principle Governing Litigation Costs)Litigation costs shall be borne by the losing party.

Article 101 of the Civil Procedure Act (Partial Success and Failure)In cases of partial success and failure, the court shall determine the proportion of litigation costs to be borne by each party. However, depending on the circumstances, the court may order one party to bear all litigation costs.

As a general rule, litigation costs are borne by the losing party.

If the plaintiff prevails only in part, the court determines the proportion of litigation costs to be allocated between the parties.

The judgment specifies the allocation ratio, and litigation costs are borne accordingly.

2

What types of litigation costs must the losing party pay?

The losing party is responsible for litigation costs that are recognized by law.

  • Court filing fees
  • Clerk fees
  • Daily allowances and travel expenses for parties, witnesses, appraisers, interpreters, and translators
  • Daily allowances, travel expenses, and accommodation expenses incurred in judicial evidence examinations conducted by judges and court clerks
  • Special fees for appraisals, interpretation, translation, and surveying
  • Communication and transportation expenses
  • Publication costs in official gazettes and newspapers
  • Service of process fees
  • Attorney fees or costs of preparing litigation documents
3

Which attorney fees are recoverable as litigation costs?

The losing party is not required to reimburse all attorney fees actually paid by the opposing party.

Only the portion permitted under the Rules on Inclusion of Attorney Fees in Litigation Costs is recoverable.

Attorney fees must be calculated accurately when filing a litigation cost ruling application.

Schedule to the Rules on Inclusion of Attorney Fees in Litigation Costs

(drag left and right on mobile)

Amount in Dispute or Value of Secured RightRecoverable Amount Included in Litigation Costs
Up to KRW 3 millionKRW 300,000
Exceeding KRW 3 million up to KRW 20 million [KRW 300,000 + (amount in dispute − KRW 3 million) × 10/100]10%
Exceeding KRW 20 million up to KRW 50 million [KRW 2 million + (amount in dispute − KRW 20 million) × 8/100]8%
Exceeding KRW 50 million up to KRW 100 million [KRW 4.4 million + (amount in dispute − KRW 50 million) × 6/100]6%
Exceeding KRW 100 million up to KRW 150 million [KRW 7.4 million + (amount in dispute − KRW 100 million) × 4/100]4%
Exceeding KRW 150 million up to KRW 200 million [KRW 9.4 million + (amount in dispute − KRW 150 million) × 2/100]2%
Exceeding KRW 200 million up to KRW 500 million [KRW 10.4 million + (amount in dispute − KRW 200 million) × 1/100]1%
Exceeding KRW 500 million [KRW 13.4 million + (amount in dispute − KRW 500 million) × 0.5/100]0.5%
4

Is a litigation cost ruling application mandatory?

Article 110 of the Civil Procedure Act (Ruling to Fix Amount of Costs of Lawsuit)Where a judgment allocates litigation costs but does not specify the amount, the court of first instance shall, upon application by a party after the judgment becomes final and binding or after the cost allocation order becomes enforceable, determine the amount of litigation costs by decision.

When applying for such ruling, the applicant must submit a cost statement, a copy thereof, and supporting documents proving the amount claimed.

Judgments generally specify only the allocation ratio of litigation costs and do not determine the exact amount.

Accordingly, a party must file a litigation cost ruling application to establish the precise amount recoverable.

Upon receiving the application, the court reviews whether the claimed expenses were actually incurred and whether they are recoverable litigation costs before issuing a ruling.

Recovery of Litigation Costs Application

Recovery of Litigation Costs Application

The wise first step toward resolving legal issues.

Fee

KRW 110,000

Recovery of Litigation Costs Application Form

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Recovery of Litigation Costs FAQ

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