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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 50,000,000.
Reasons
1. The grounds for application for the indication of the claim are as shown in attached Form;
(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant'. 2. Judgment by public notice of applicable provisions of law(Article 208(3)3 of the Civil Procedure Act).
3. The part which partially dismissed the Plaintiff sought payment of KRW 46,680,00 from the payment order procedure (U.S. Supreme Court Decision 2006Da2558) as requested against the Defendant (U.S. District Court Decision 2006Da2558).
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.