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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, the amount of KRW 100,660 shall apply.
Reasons
1. The plaintiff sought payment of KRW 100,660,00 for the demand procedure expenses disbursed in the payment order procedure, which is determined as to the legitimacy of the part concerning the demand procedure expenses among the lawsuits in this case. We examine ex officio as to the legitimacy of the above claim.
Urging procedural costs constitute a kind of litigation costs. The amount paid as a lawsuit can only be repaid after a final judgment became final and conclusive, and there is no interest in filing a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 200). Of the instant lawsuit, the part of the claim for demanding procedural costs is unlawful.
2. Determination on the remainder of the instant lawsuit
A. On May 201, the Plaintiff’s assertion entered into an Internet service contract with the Defendant to pay KRW 22,700,000 monthly usage fees, and terminated the said service contract on July 6, 2016.
However, notwithstanding the fact that the Plaintiff was a person with a disability of grade 3, the Defendant did not grant a discount of 30% of the fee according to the benefit of welfare discount for the disabled. Therefore, the Defendant is obligated to return KRW 417,66, which is the amount of the Plaintiff’s amount applying the said discount rate from May 201 to 2016, to the Plaintiff, from May 201, 1,392,220.
In addition, the Defendant received usage fees exceeding KRW 22,70 from January 10, 2016 to June 10, 2016 each month from the Plaintiff. Since the Plaintiff received usage fees from the Plaintiff on July 10, 2016 and on August 10, 2016, the Plaintiff received usage fees from the Plaintiff after the termination of the said usage contract, the Plaintiff is obligated to return the said amount as unjust enrichment to the Plaintiff.
B. We examine the judgment on the claim for unjust enrichment due to the non-provision of benefits for the welfare of the disabled, and the evidence submitted by the Plaintiff alone.