대여금
1. Of the instant lawsuit, the part concerning the claim for the expenses of demand procedure shall be dismissed.
2. The defendant shall pay 56,000,000 won to the plaintiff and this shall apply.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);
3. Some dismissed parts of the Plaintiff sought payment of KRW 49,380 of the cost of demand procedure paid by the Plaintiff in the payment order procedure (Seoul Southern District Court 2006 tea 22107) that the Plaintiff filed against the Defendant.
As to the legitimacy of the above part of the claim, the expenses for demand procedure constitute a kind of litigation costs. The amount paid by a lawsuit is only able to be repaid after a final judgment became final and conclusive, and there is no benefit of filing a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). The Plaintiff’s lawsuit on the part of the claim for the expenses for demand procedure is unlawful.