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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 250,000,000 won to the plaintiff and this shall apply.
Reasons
On the legitimacy of the part of the demanding procedure cost claim, the plaintiff sought payment of KRW 143,100 for the demand procedure cost of the Jeju District Court 2018 tea1853.
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). Of the instant lawsuit, there is no benefit to seek reimbursement of KRW 143,100 among the costs of demanding procedure in this case is unlawful because there is no benefit to lawsuit.
Comprehensively taking account of the purport of the entire arguments in Gap evidence No. 1 as to the cause of the claim, ① the defendant (former trade name before the alteration; C Co., Ltd.) and D Co., Ltd. on February 6, 2016; the defendant purchased the land from D Co., Ltd.; and conducted the construction of apartment on the land; but the defendant offered the highest floor unit of the above company to the plaintiff as joint representatives of the above company; and the defendant agreed to pay KRW 250,000,000 to the plaintiff if the defendant fails to implement the construction within two years from the date of sale; ② the defendant has failed to construct the apartment within two years.
According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 250,000,000 as well as damages for delay calculated at the rate of 12% per annum from December 7, 2018 to the date of full payment, which is the date of delivery of the original copy of the instant payment order, which is the date of the Plaintiff’s request for performance.
(1) The Plaintiff’s representative is not obligated to pay KRW 250,000,000,000 at the date of pleading in the instant case on August 8, 2019. As such, the part of the instant lawsuit seeking payment of KRW 143,100, which is unlawful, is dismissed, and the Plaintiff’s claim for payment of KRW 250,000,000, which is agreed upon as per Disposition.