Of the instant lawsuits, the part concerning the demand procedure cost of KRW 159,760 is dismissed.

The defendant shall pay to the plaintiff KRW 78,000,000.

1. We examine ex officio whether the part of the lawsuit of this case concerning the claim for the payment of the expenses for demand procedure is legitimate. The plaintiff also sought payment of 159,760 won for the demand procedure related to the preceding payment order. However, the expenses for demand procedure are part of the expenses for the lawsuit (Article 473(4) of the Civil Procedure Act). If the amount paid as the expenses for the lawsuit is not followed by the procedure for confirmation of the amount of the lawsuit expenses, it is not allowed as an unlawful lawsuit lacking the benefit of the lawsuit (see, e.g., Supreme Court Decision 86Meu803, Mar. 10, 1987). In order to suspend the extinctive prescription of the expenses for the lawsuit by the determination of the amount of the lawsuit expenses already determined, the plaintiff must undergo the procedure for determination of the amount of the lawsuit expenses

Therefore, among the lawsuits in this case, the claim amounting to KRW 159,760 is unlawful as there is no benefit of lawsuit.

2. In full view of the purport of the argument in the evidence No. 1 for the plaintiff applicant, the plaintiff applied for a payment order against the defendant for a loan payment order with the court 2010 tea211, and received a payment order from the above court that "the defendant shall pay the plaintiff 78 million won and the amount calculated at the rate of 30% per annum from August 21, 2008 to the day of full payment." The above payment order was served on the defendant and confirmed on March 30, 2010. The plaintiff filed the lawsuit of this case for the interruption of the extinctive prescription of the claim based on the above payment order.

Therefore, the defendant is obligated to pay to the plaintiff 78 million won with 30% interest per annum from August 21, 2008 to March 4, 2020, the delivery date of a copy of the complaint of this case, and 12% interest per annum from the next day to the day of complete payment.

3. Conclusion, the part of the instant lawsuit claiming the payment procedure cost of KRW 159,760 is unlawful.