1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. According to the evidence No. 1 to No. 4 of the judgment as to the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 104,450 and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from June 13, 2015, the following day following the Plaintiff’s claim for performance. According to the evidence No. 1, the Defendant’s payment of the principal amount of KRW 104,450 to the Plaintiff on September 2, 2015, the remainder of KRW 1,173 is recognized. The Defendant is obligated to pay KRW 1,173 to the Plaintiff.

The plaintiff asserts that it is unreasonable for the court of first instance to order the plaintiff to bear the full amount of the costs of lawsuit. However, the appeal against the judgment on the costs of lawsuit is allowed only when all or part of the appeal against the judgment on the merits is justified, and it is not allowed if the appeal on the merits is not justified (see, e.g., Supreme Court Decision 95Da38233, Jan. 23, 1996). The plaintiff's assertion pointing out that the part of the costs of lawsuit is unreasonable without any dispute at the court of first instance.

2. If so, the plaintiff's claim should be accepted within the above scope of recognition, and the judgment of the court of first instance is legitimate with this conclusion. Thus, the plaintiff's appeal is dismissed. It is so decided as per Disposition.