1.Paragraph 1 of the text of the judgment of the court of first instance is amended as follows:

Of the instant lawsuit, the demand procedure cost is claimed.

1. Basic facts

A. By November 9, 2004, the Plaintiff supplied the Defendant with goods worth KRW 5,155,000.

B. The Plaintiff filed a payment order against the Defendant with the Gwangju District Court No. 2005Ka542, and on January 14, 2005, the Plaintiff received a payment order stating that “the Defendant shall pay to the Plaintiff 5,155,000 won and the amount calculated by the rate of 20% per annum from the day following the delivery of the payment order to the day of complete payment.” The above payment order was served on the Defendant on July 31, 2005, and became final and conclusive August 17, 2005.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. As to the legitimacy of the part of the instant lawsuit, the Plaintiff, ex officio, sought payment of KRW 94,580 of the expenses for demand procedure spent during the payment order procedure.

However, the expenses for demand procedure constitute part of the costs of lawsuit (Article 473(4) of the Civil Procedure Act). Since the amount paid as the costs of lawsuit can be repaid through the procedure for the confirmation of the costs of lawsuit, there is no interest in filing a lawsuit separately (see Supreme Court Decision 9Da68577, May 12, 2000). This part of the lawsuit is unlawful.

3. According to the above facts, the defendant is obligated to pay to the plaintiff 5,155,00 won and damages for delay calculated at the rate of 20% per annum from August 1, 2005 to the day of full payment after serving the above payment order with respect to the plaintiff.

4. The defendant's defense of extinctive prescription is defense that the above claim has expired by prescription.

As seen earlier, the above payment order became final and conclusive on August 17, 2005. Therefore, the statute of limitations for the above claim is expired on August 17, 2015, which is ten years after the date when the above claim becomes final and conclusive (see Supreme Court Decision 2009Da39530, Sept. 24, 2009; Article 159 of the Civil Act). The record reveals that the Plaintiff applied for the instant payment order from 1:0 p.m. to 2:0 p.m. on August 17, 2015.