2. The costs of lawsuit shall be borne by the Plaintiff.

The Plaintiff filed an application for payment order against the Defendant twice of the balance amounting to KRW 900,00,000 among the above remaining amounts ( KRW 500,000,000 for the second 400,000 for the second 500,000 for the second 400,000 for the above payment order). The above payment order was fully finalized. In order to prevent disputes that may arise in the course of execution in advance, the Plaintiff sought payment of damages for delay from the day following the delivery of a copy of the application for each payment order to the day of complete payment.

2. Where a party to whom a final and conclusive judgment in favor of one party in the lawsuit in this case was rendered files a lawsuit against the other party in the previous suit against the same claim as the previous suit in favor of one party in the previous suit, the subsequent suit is unlawful as there is no benefit in the protection of rights. Provided, That in special circumstances, such as a lawsuit for the interruption of extinctive prescription of a claim based on a final and conclusive judgment, the lapse of the extinctive prescription period is excessive and there is benefit in the lawsuit exceptionally (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). Such legal principle equally applies to a payment order, which has the same effect as the final and conclusive judgment, due to executory power

The Plaintiff holds a claim for expenses incurred in processing mobile phones totaling KRW 951,183,983 against the Defendant; the Plaintiff applied for a payment order claiming payment of KRW 500,000,000 among the above claims against the Defendant; and the payment order issued on August 23, 2016 (No. 2016.540) becomes final and conclusive as of September 10, 2016; the Plaintiff applied for a payment order claiming payment of KRW 400,000 among the remainder of claims against the Defendant and the delayed payment damages; and the payment order issued on November 15, 2016.