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(영문) 서울중앙지방법원 2020.03.05 2019가단5255747

대여금

Text

1. Of the instant lawsuit, the part demanding the payment of 42,280 won shall be dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Some dismissed parts of the Plaintiff also sought payment of KRW 42,280 of the cost of demand procedure in the instant lawsuit. However, the cost of demand procedure is part of the cost of lawsuit, and the amount disbursed as the cost of lawsuit can be repaid through the process of determining the amount of litigation costs under the provisions of the Costs of Civil Procedure Act after the final judgment is final and conclusive, and there is no benefit to seek payment separately (see, e.g., Supreme Court Decision 2010Da9697, Mar. 24, 2011). The part seeking payment of the cost of demand procedure