Korea Recoverable Litigation Cost Calculator

Estimate how much litigation cost can be claimed from the losing party in Korea after judgment, including Supreme Court lawyer-fee caps, partial-win ratios, offsets, and application costs.

Determination inputs

Case type

First instance

Appeal

Supreme Court

Recoverable from opponent

₩4,795,000

100% burden applied

Net recovery after offset

₩4,795,000

Offset disabled

Recognized lawyer fee

₩4,400,000

Capped by Supreme Court rule table

Unrecoverable spend

₩1,100,000

Recovery rate 81.3%

Recognized costs

Stamp fees
₩230,000
Service fees
₩165,000
Lawyer fee actually spent
₩5,500,000
Lawyer fee recognized
₩4,400,000
Other costs
₩0
Determination application cost
₩23,000

Level-by-level cap

First instance claim amount
₩50,000,000
Lawyer cap
₩4,400,000
Recognized subtotal
₩4,795,000

The calculation reuses the Korean pure function for the Supreme Court lawyer-fee inclusion table, civil stamp fees, service fees from June 1, 2025, provisional-remedy one-half treatment, partial-win burden ratios, and mutual offset.

Related calculators

What is the recoverable litigation cost calculator?

This calculator estimates how much litigation cost a winning party can claim from the losing party after a Korean civil judgment. Article 98 of the Civil Procedure Act says litigation costs are borne by the losing party, but a judgment line such as “litigation costs shall be borne by the defendant” does not set the exact amount. The amount is fixed through a separate application for determination of litigation costs under Article 110 of the Civil Procedure Act.

The most misunderstood item is lawyer fees. The winner does not recover every won paid to counsel. Korean courts recognize lawyer fees only up to the table in the Supreme Court Rules on Inclusion of Attorney Fees in Litigation Costs. This calculator applies that table, stamp duty, service fees, partial-win burden ratios, mutual offset, and the application cost for the determination procedure.

Korea-based calculator

This tool is based on Korean civil procedure and Supreme Court fee-inclusion rules. It is a planning estimate and does not replace the court clerk calculation, a determination order, or legal advice.

Who this is useful for

  • Winners preparing to claim litigation costs from the losing party
  • Parties estimating recovery before filing a determination application
  • Clients asking how much lawyer fee can be recovered if they win
  • Parties with a partial-win judgment and a burden ratio such as 60:40
  • Users checking the one-half inclusion rule for provisional attachment or injunction
  • Parties expecting to lose who need to estimate what they may owe

What costs can be shifted to the losing party?

1. Items included in litigation costs

Korean litigation costs include court costs and party costs. Common recoverable items include:

  • Stamp duty: stamp paid on the complaint, appeal, or Supreme Court petition
  • Service fee: court document delivery cost, KRW 5,500 per service round from June 2025
  • Lawyer fee: recognized only within the Supreme Court rule table
  • Appraisal, witness travel, and inspection costs: based on actual documented payment
  • Cost-determination application cost: the KRW 1,000 application stamp and service fee can also be claimed

2. Lawyer fee inclusion cap, 2026 standard table

Lawyer fee is recognized within the amount actually paid and up to the table amount for each court level. The rate becomes lower as the claim amount increases.

Claim amount bandRecognized fee formula
Up to KRW 20 millionclaim x 10%
Over KRW 20 million to KRW 50 millionKRW 2 million + excess x 8%
Over KRW 50 million to KRW 100 millionKRW 4.4 million + excess x 6%
Over KRW 100 million to KRW 150 millionKRW 7.4 million + excess x 4%
Over KRW 150 million to KRW 200 millionKRW 9.4 million + excess x 2%
Over KRW 200 million to KRW 500 millionKRW 10.4 million + excess x 1%
Over KRW 500 millionKRW 13.4 million + excess x 0.5%

If the calculated amount is under KRW 300,000, it is treated as KRW 300,000. For provisional attachment or provisional injunction cases, only one-half of the table amount is included under Article 3(2) of the rule.

3. Partial win and mutual offset

If only part of the claim is accepted, the court may order a burden ratio such as “60% by the defendant and 40% by the plaintiff.” In that case, you can claim only your recognized costs multiplied by the opponent burden ratio. The opponent can also claim its costs multiplied by your burden ratio.

In practice, the court usually offsets both sides and orders only the balance. The calculator includes an offset toggle so partial-win cases can be evaluated by net recovery, not gross recovery.

How to use the calculator

Step 1: Select case type and parties

Choose whether the matter is a main lawsuit judgment or a provisional remedy. Enter plaintiff and defendant counts because they affect service fees.

Step 2: Enter the losing-party burden ratio

Copy the ratio from the judgment order. Use 100% for a full win. For a partial win, enter the percentage borne by the opponent.

Step 3: Enter claim amount and lawyer fee by court level

Enter the claim amount and actual lawyer fee paid for each court level. If the case went to appeal or Supreme Court, enable that level and enter the appealed amount. Court fees are auto-calculated, but direct-paid amounts can be entered if they differ.

Step 4: Review recoverable and unrecoverable amounts

The result shows the amount claimable from the losing party, lawyer fee recognized and not recognized, the determination application cost, and net recovery after mutual offset.

Example scenarios

Scenario 1: Full win on a KRW 100 million loan claim

Suppose you spent KRW 11 million in lawyer fees and won the full claim at first instance. For a KRW 100 million claim, the table cap is KRW 4.4 million + (KRW 100 million - KRW 50 million) x 6% = KRW 7.4 million. Adding stamp duty of KRW 455,000 and service fees of KRW 165,000 gives about KRW 8.02 million claimable from the losing party.

The key point is that KRW 3.6 million of the lawyer fee remains unrecoverable because it exceeds the rule-table cap.

Scenario 2: KRW 50 million claim, 60% partial win

If you win 60% of a KRW 50 million claim, you can claim only 60% of your recognized costs. The opponent may claim 40% of its recognized costs against you. If both sides hired counsel, the net amount after offset can be much lower than expected.

For partial-win cases, run the offset calculation before deciding whether a determination application is worth the time and collection effort.

Scenario 3: KRW 150 million case through three court levels

Lawyer fee inclusion is calculated by court level. If a case goes through first instance, appeal, and Supreme Court, each level has its own cap and the recognized amounts are summed. The claim amount for an appellate level is based on the disputed part on appeal.

FAQ

Q. If I win, can I recover every lawyer fee I paid?

No. The court recognizes lawyer fees only up to the Supreme Court rule table and within the amount actually paid. For example, if you spent KRW 3.3 million on a KRW 10 million case, the cap is KRW 1 million, so KRW 2.3 million remains your own cost even after winning.

Q. When and where do I apply?

Apply to the first-instance court after the judgment becomes final, or after an enforceable decision if provisional execution is available. The application stamp is KRW 1,000, and service fees are based on parties x 2 rounds. Attach a cost statement, receipts, and supporting documents.

Q. What if the opponent still does not pay?

A cost-determination order becomes an enforcement title. If the opponent does not pay voluntarily, you can proceed with compulsory execution such as account seizure or real-estate auction. Asset disclosure and asset inquiry can help if assets are unknown.

Q. Can self-represented parties claim lawyer fees?

No. Lawyer fee inclusion applies only when a lawyer was actually retained. Self-represented parties can still claim court-paid costs such as stamp duty, service fees, and appraisal fees.

Q. Can the court reduce the table amount?

Yes. If the included lawyer fee is markedly excessive, the court may reduce it under Article 6 of the rule. If it is markedly low, the court may increase it within one-half under Article 6-2. Treat this calculator as a standard estimate.

Q. Can costs be recovered after mediation or settlement?

If settlement or mediation is reached and the parties do not specify cost allocation, each side generally bears its own costs under Article 106 of the Civil Procedure Act. If you want cost recovery, include it expressly in the settlement terms.

Practical recovery tips

  • Collect proof from the start: fee agreements, tax invoices, cash receipts, stamp-duty receipts, and service-fee receipts are critical.
  • Claims without calculable value: non-property cases may be treated as KRW 50 million, or KRW 100 million for some cases, under stamp-duty rules.
  • Use it in settlement talks: knowing expected cost-shifting can help negotiate a settlement before judgment.
  • Check insolvency risk: a determination order is still hard to collect if the opponent has no assets. Consider provisional attachment before suit.
  • Simulate losing: if defeat is likely, use the calculator to estimate what you may owe and compare settlement options.

Related calculators

Before filing

  1. Civil lawsuit cost calculator - estimate stamp duty, service fees, and lawyer market range
  2. Civil stamp and service fee calculator - check court-paid costs only
  3. Lawyer fee calculator - compare retainer and success-fee market ranges

After winning

  1. Compulsory execution cost calculator - estimate seizure or auction costs
  2. Asset disclosure and inquiry cost calculator - estimate asset-tracing procedure costs
  3. Late interest calculator - calculate 12% litigation-promotion interest on judgment debt

Important cautions

Caution: This calculator reflects 2026 Korean rules for reference only and has no legal effect. The amount actually recognized depends on the court determination order.

  • The court can reduce or increase included lawyer fees under Articles 6 and 6-2 of the rule.
  • Service fees may differ from the standard deposit depending on actual service attempts; unused service fees can be refunded.
  • Appeal claim amount, joined claims, and multi-party litigation can change the calculation.
  • For a specific case, consult a lawyer, judicial scrivener, or the court clerk office.

Check recoverable litigation costs now

Enter claim amount and lawyer fee to estimate what can be claimed from the losing party and what remains unrecoverable.

Full wins, partial wins, offsets, and provisional remedies are all supported.