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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 788,464,714 and its amount.
Reasons
The plaintiff's decision on the legitimacy of the part concerning the claim for the procedure cost of demand shall seek payment of KRW 377,280 to the Jeju District Court 2018 tea1682.
The cost of demanding procedure is part of the cost of lawsuit, and there is no benefit to seek reimbursement of the cost of lawsuit under the provisions of the Costs of Civil Procedure Act after the judgment becomes final and conclusive (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). The part of the lawsuit of this case seeking payment of KRW 377,280, among the cost of demanding procedure, is unlawful as there is no benefit to lawsuit.
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6, as to the cause of the claim, ① the defendant sent to the store operated by Eul corporation on February 4, 2016 and May 29, 2016 between C and the defendant, and C shall pay fees to the defendant in advance, and C shall pay the defendant a sum of KRW 600 million and KRW 300 million to the defendant (hereinafter "the instant invoice contract"); ② The corporation Eul paid the defendant an advance payment of KRW 60 million on February 5, 2016; ② the defendant paid advance payment of KRW 300 million on May 30, 2016; ③ the corporation transferred the above advance payment of KRW 890 million to the plaintiff on November 1, 2016; and ④ the fact that it transferred the claim to return KRW 400 million on May 30, 2016 to the plaintiff on May 29, 2018.
According to the above facts, the Defendant’s payment amounting to KRW 788,464,714 and the Defendant’s legal interest rate from November 14, 2018 following the delivery date of the original copy of the instant payment order to November 14, 2018 under the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, hereinafter “Enforcement Decree of this case”) until May 31, 2019.