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1. Of the instant lawsuit, the part concerning the claim of KRW 585,650 shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 244,668,329 and its amount.
Reasons
1. Determination on the claim for legal expenses
A. We examine ex officio the Plaintiff’s legal expenses of KRW 585,650.
B. In order to preserve the principal and interest claim against the Defendant, the Plaintiff asserted that the Defendant’s real estate was provisionally seized and paid KRW 585,650 at its expense and sought the payment of the said money to the Defendant.
C. However, the expenses incurred by the creditor in provisional seizure for the purpose of preserving the creditor's property shall be borne by the executor under Articles 291 and 53 of the Civil Execution Act, and this may be recovered without any separate executive title at the time of execution of a judgment in favor of the creditor in the merits. Therefore, there is no benefit to file a lawsuit separately
(See Supreme Court Decision 78Da1820, Feb. 27, 1979). Therefore, the part of the claim for provisional attachment expense of KRW 585,650, among the instant lawsuit, is unlawful as there is no benefit of lawsuit.
2. Determination as to the cause of action
A. The following facts are not disputed between the parties, or recognized by Gap evidence Nos. 1, 2, and 3, and Eul evidence No. 1-1 and the purport of the whole pleadings:
1) On October 18, 2009, the Plaintiff lent a loan of KRW 164,492,00 to the Defendant. However, on December 10, 2009, the date of loan commencement, December 31, 2009, and December 31, 201, when applying the agreed interest rate and delay compensation rate, the Plaintiff agreed to comply with the change in relevant statutes or financial circumstances (hereinafter “instant loan transaction agreement”).
(2) Under the loan transaction agreement of this case, the Plaintiff executed the loan from December 10, 2009.
3) As of July 1, 2015, the Plaintiff lost the benefit of the term after the loan, and the agreed overdue interest rate after March 1, 2015 is 13.05%. 4) As of July 1, 2015, the loan principal under the instant loan transaction agreement is KRW 164,492,00, and the loan amount is KRW 80,176,329.
B. According to the above facts of recognition, the defendant is 244,68,329 won ( = 164,492,00 principal of the loan plus 80,176,329 won) to the plaintiff, barring special circumstances.