1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

In the first instance court, the plaintiff filed a claim for payment of KRW 180,00 in total with the plaintiff's claim against the defendant based on the payment order (200,000 won in Suwon District Court Decision 2008,472 (hereinafter "the payment order of this case") which became final and conclusive against the defendant, and ② the payment of KRW 127,70 in total with the expenses for demanding the above payment order and KRW 96,500 in total with the expenses for demanding the payment of KRW 31,200 in the above payment order and KRW 96,500 in the above payment order. The first instance court accepted the claim of KRW 180,00 in the payment order of this case and the remainder of the claim.

Since only the plaintiff appealed, among the judgment of the court of first instance, only the part of the claim for the above demand procedure cost and the cost of filing a request for specification of property (the part against the plaintiff) shall be included in the scope of adjudication

The plaintiff asserted that the plaintiff paid 127,700 won in total, which is the expenses for demanding the payment order of this case, 31,200 won, and 96,500 won in filing a request for an application to specify the property against the defendant based on the above payment order.

However, since the payment order of this case states that "the cost of demanding procedure shall be borne by the debtor," the defendant is obligated to pay the above KRW 127,700 and the delay damages to the plaintiff.

Judgment

The amount of litigation costs or execution costs (the amount not reimbursed in the compulsory execution procedure concerned) shall be an execution title with the determination of the amount of litigation costs or the determination of the amount of execution costs through the procedure for the determination of the amount of litigation costs or the determination of the amount of execution costs, and a separate monetary execution shall be carried out with the executive title with the determination of the amount of litigation costs or the determination of the amount of execution costs. It does not have a benefit to a lawsuit seeking

(See Supreme Court Decision 86Meu803 delivered on March 10, 1987, Supreme Court Decision 2004Da818 delivered on October 12, 2006, etc.). The plaintiff in this case is the payment order in this case.