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(영문) 대구지방법원 포항지원 2017.03.30 2016가단9016

양수금

Text

1. Of the instant lawsuit, the part concerning the claim for the expenses of demand procedure shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 80,866,976.

Reasons

1. The grounds for application for the indication of the claim are as shown in attached Form;

(Provided, That the "creditor" shall be deemed to be the "defendant"; 2. Judgment by public notice of applicable provisions of law (Article 208(3)3 of the Civil Procedure Act)

3. The part dismissing part of the Plaintiff is seeking payment of KRW 36,380 to the Defendant in the payment order procedure (Seoul District Court Branch Branch Court Decision 2006Da6046) that the Plaintiff paid to the Defendant.

However, the cost of demand procedure is the cost of lawsuit, and the cost of lawsuit can be reimbursed after the final judgment becomes final and conclusive, so there is no benefit to seek a separate lawsuit.

(1) The Plaintiff’s claim for the expenses of demand procedure is unlawful. Therefore, the Plaintiff’s claim for the expenses of demand procedure is unlawful.