Of the lawsuits in this case, the part concerning the demand procedure cost claim shall be dismissed.

The defendant shall pay to the plaintiff KRW 40,000,000.

1. The Plaintiff seeks payment of KRW 485,700 of the cost of demand procedure in this Court, as to the legitimacy of the part concerning the claim for the expenses of demand procedure.

However, the costs of demanding procedure are part of the costs of lawsuit, and there is no benefit to seek reimbursement of the costs of lawsuit after the judgment becomes final and conclusive (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). Of the instant lawsuit, there is no benefit to seek reimbursement of the costs of demand procedure in the absence of benefit to lawsuit.

2. The Plaintiff loaned KRW 78,736,00 to the Defendant between February 2, 2016 and October 2017, with respect to the determination on the cause of the claim, may either have no dispute between the Plaintiff and the Defendant, or may be recognized by comprehensively taking into account the purport of the entire pleadings in the evidence Nos. 2 and 4. Meanwhile, the Plaintiff is a person who received reimbursement of KRW 38,736,00 among the above loans from the Defendant.

Therefore, the Defendant is obliged to pay the remainder of 40,000 won (=78,736,000 won - 38,736,000 won) to the Plaintiff.

Furthermore, the Plaintiff asserts that the Defendant did not pay the deposit amount of KRW 21,350,000, and sought the payment thereof. However, there is no evidence to prove that the Defendant did not pay the deposit amount even though it did not pay it.

Therefore, the plaintiff's claim for this part is rejected.

Therefore, the defendant is obligated to pay to the plaintiff 40,000,000 won and damages for delay calculated by the ratio of 5% per annum under the Civil Act from July 9, 2020 to November 5, 2020, which is the day following the day when the original copy of the payment order in this case was served on the plaintiff, to November 5, 2020, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day when the defendant has fully repaid.

3. Conclusion, the cost of demanding procedure in the instant lawsuit is cost.