Code of Civil Procedure

The defeated party bears the court costs.

Depending on the circumstances, the court may have the winning party bear the whole or part of the court costs incurred due to any act that was unnecessary for the expansion or defense of the winning party's rights, or court costs incurred due to any act that was necessary, in light of the progress of the litigation as of the time of the act, for the expansion or defense of the adverse party's rights.

If a party delays litigation due to a failure to present allegations or evidence in a timely manner, failure to keep a court date or observe a time frame, or any other grounds attributable to that party, the court may have that party bear the whole or part of court costs incurred due to the delay, even if that party wins the case.

In the case of a partial defeat, the court fixes the court costs that each party bears at its own discretion; provided, however, that depending on the circumstances, the court may have either party bear all court costs.

Co-litigants bear court costs equally; provided, however, that the court, depending on the circumstances, may have co-litigants bear court costs jointly and severally or in any other manner.

Notwithstanding the provisions of the preceding paragraph, the court may have a party that has performed any act that was unnecessary for the expansion or defense of a right bear court costs incurred due to that act.

The provisions of Article 61 through the preceding Article apply mutatis mutandis to the bearing of court costs incurred due to an objection to supporting intervention between the supporting intervener and the party that raises the objection, and to the bearing of court costs incurred due to supporting intervention between the supporting intervener and the adverse party.

In the judicial decision that concludes a case, the court must reach a judicial decision sua sponte on the bearing of all court costs incurred in the relevant instance; provided, however, that depending on the circumstances, in a judicial decision on part of a case or on an interlocutory dispute, the court may reach a judicial decision on the bearing of those costs.

If a superior court modifies a judicial decision on the merits, it must reach a judicial decision on the bearing of the total costs of litigation. The same applies when a court that has accepted a case remanded or transferred to it reaches the judicial decision that concludes the case.

If the parties reach a court settlement but do not specifically establish how settlement costs or court costs will be borne, each party bears its own costs.

If a legal representative, litigation representative, court clerk, or court enforcement officer, intentionally or through gross negligence, gives rise to unnecessary court costs, the court in charge of the case, upon petition or sua sponte, may order that person to reimburse the relevant person in the amount of those costs.

If a person performing a procedural act as a legal representative or litigation representative has failed to prove that the person has the authority to act as a person's legal representative or delegation of powers necessary for performing a procedural act and has also failed to have the act ratified, the provisions of the preceding paragraph apply mutatis mutandis to the court costs arising from that procedural act.

An immediate appeal may be filed against a ruling under the provisions of paragraph (1) (including as applied mutatis mutandis pursuant to the provisions of the preceding paragraph).

In a case prescribed in paragraph (2) of the preceding Article, if the court denies an action, the person performing procedural acts as a representative bears the court costs.

The amount of court costs to be borne is fixed, upon petition, by the court clerk of the court of first instance after the judicial decision on the bearing of costs becomes enforceable.

A person must file the petition under the preceding paragraph within ten years from the day on which the judicial decision on the bearing of costs becomes final and binding.

In a case as referred to in paragraph (1), except in cases specified by the Rules of the Supreme Court, if both parties bear court costs, the costs that each party will bear is deemed to have offset the corresponding amount of costs that the other party will bear.

A disposition on the petition referred to in paragraph (1) takes effect when the relevant persons are notified of it by a means that is considered to be appropriate.

A person must object to the disposition referred to in the preceding paragraph within an inalterable time frame of one week from the day on which they are notified of it.

An objection under the preceding paragraph has the effect of a stay of enforcement.

If the court finds that there are grounds for the objection to a disposition fixing the amount under the provisions of paragraph (1), the court must fix the amount of court costs to be borne itself, if that amount is required to be fixed.

An immediate appeal may be filed against a ruling on an objection referred to in paragraph (5).

If the parties reach a court settlement and establish how settlement costs or court costs will be borne but do not fix the amount of these costs, their amount is fixed, upon petition, by the court clerk of the court of first instance (for a settlement as referred to in Article 275, the court where the settlement is established). In such a case, the provisions of paragraphs (2) through (8) of the preceding Article apply mutatis mutandis.

If litigation is concluded not by a judicial decision or settlement, the court of first instance, upon petition, must issue a ruling ordering court costs to be borne, and the court clerk of that court must fix the amount to be borne after the ruling becomes enforceable. The same applies if an application for supporting intervention is withdrawn or if an objection to supporting intervention is withdrawn.

The provisions of Articles 61 through 66 and Article 71, paragraph (8) apply mutatis mutandis to a ruling on a petition under the preceding paragraph; the provisions of Article 71, paragraph (2) apply mutatis mutandis to a petition under the preceding paragraph; the provisions of Article 71, paragraphs (3) and (4) apply mutatis mutandis to a disposition rendered by the court clerk on a petition under the preceding paragraph; and the provisions of Article 71, paragraphs (5) through (8) apply mutatis mutandis to an objection to such a disposition. In such a case, the term "from the day when the judicial decision on the bearing of costs becomes final and binding" in Article 71, paragraph (2) is deemed to be replaced with "from the day when the litigation is concluded".