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1. Of the instant lawsuit, the part concerning the demand procedure cost claim shall be dismissed.
2. The Defendants are jointly and severally liable to the Plaintiff on 313,000.
Reasons
1. We examine the legitimacy of the part concerning the claim for the expenses of demand procedure among the lawsuits in this case, ex officio, as to the legitimacy of the part concerning the claim for expenses of demand procedure.
The Plaintiff sought payment of KRW 695,300 as the cost of demanding procedure against the Defendants. However, since the amount paid as the cost of lawsuit can be repaid after the judgment became final and conclusive, it does not have any interest in filing a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 200). Of the instant lawsuit, there is no interest in filing a lawsuit, as there is no interest in filing a lawsuit.
2. We examine the determination on the cause of the claim. ① When settling the relationship between the existing claims and obligations arising between the Plaintiff on December 29, 2017, Defendant B entered into the loan agreement with the Plaintiff on December 29, 2017, the following facts are as follows: (a) the loan period of KRW 310 million (interest of KRW 50 million in the year 2017 at the interest rate of KRW 50 million) from the Plaintiff; (b) the loan period of KRW 13 million in the interest rate of KRW 50 million in the year 2017 at the interest rate of KRW 50 million from December 29, 2017 to December 31, 2018; (c) the monthly interest rate of KRW 500,000 in the interest rate of KRW 3.5% in the interest rate of KRW 50,500 in the interest rate of KRW 1,50,000 from Defendant B.
(2) The Defendants are jointly and severally liable to pay interest and delay damages from December 29, 2017 to the Plaintiff for the total amount of KRW 313 million and the principal amount of KRW 250 million, on the grounds that the joint and several debt of Defendant C by Defendant C was jointly and severally liable to pay to the Plaintiff the interest and delay damages incurred from December 29, 2017, with the total amount of KRW 313 million and the principal amount of KRW 250 million.
However, following the preparation of the above loan certificate, the Defendants totaled KRW 2,50,000 ( KRW 500,000,000,000,000,000,000,000,000,000 for interest to the Plaintiff.