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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 Defendants shall jointly and severally file with the Plaintiff 436,000.
Reasons
1. The Plaintiff’s determination as to the legitimacy of the part concerning the claim for the payment of the expenses for the demand procedure among the instant lawsuit is seeking payment of KRW 579,300,00 from the payment order procedure (Ulsan District Court 2015j2180) that the Plaintiff filed against the Defendants. As to the legitimacy of the above part of the claim, the expenses for the demand procedure are examined ex officio, and the expenses for the demand procedure fall under the category of the costs of lawsuit. The amount paid as a lawsuit can only be reimbursed after the final judgment became final and conclusive, and there is no benefit to file a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). The Plaintiff’s claim for the expenses for the demand procedure
2. Determination as to whether joint and several liability is established
A. Basic facts 1) E, F, and G were typeed and were investigated into fraudulent incidents against the Plaintiff on September 22, 201, and part of the content of the agreement with the Plaintiff as the victim is as follows. 4.36 billion won of the remaining damages are jointly and severally provided to the victim for KRW 4.5 million from October 2011 to February 29, 201, and the remaining 1.4.5 million should be paid to the victim by the end of March 2014, and the remaining 1.5 million should be fully paid by the end of March 2014. Even once such installment payment is made, the Defendants’ joint and several debt payment damages should be paid at the rate of 20 billion per annum to the total amount of unpaid damages. The Defendants’ joint and several debt payment damages should be paid at the rate of 3.4 billion won, together with the Defendants’ respective E-D and joint and several debt payment damages.
[Ground of recognition] The fact that there is no dispute, and the purport of Gap evidence No. 1 and all pleadings.