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What is the legal basis for the bank to win the case and refund the fee?
2. In the case of suspension of litigation or execution, the paid case acceptance fee and application fee will not be refunded. If the reasons for the suspension of litigation and execution are eliminated and the litigation and execution are resumed, the case acceptance fee and application fee will no longer be paid.
3. If the people's court of second instance decides to remand the case for retrial, it shall refund the court acceptance fee paid by the appellant.
If the people's court of first instance decides not to accept or reject the prosecution, it shall refund the case acceptance fee paid by the parties; If a party refuses to accept the decision of the people's court of first instance not to accept or reject the prosecution, and the people's court of second instance upholds the judgment of the people's court of first instance, the people's court of first instance shall refund the case acceptance fee paid by the party concerned.
Legal basis: payment method of litigation expenses
Article 20 The fees for accepting a case shall be paid in advance by the plaintiff, the third party with independent claims and the appellant. If the defendant files a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of these Measures, it shall pay it in advance. The case of recovering labor remuneration may not pay the case acceptance fee in advance. The application fee shall be paid in advance by the applicant. However, the application fees stipulated in Item (1) and Item (6) of Article 10 of these Measures are not paid by the applicant in advance, but after the implementation of the application fee, and the bankruptcy application fee is paid after the liquidation. The fees stipulated in Article 11 of these Measures shall be paid after the actual occurrence.
Article 21 If a party changes the amount of the claim, the case acceptance fee shall be handled in accordance with the following provisions: (1) If a party increases the amount of the claim, it shall return it according to the increased amount of the claim; (2) Before the end of the court investigation, if the parties propose to reduce the amount of litigation claims, they shall be refunded according to the reduced amount of litigation claims.
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