손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 317,540,00 and the defendant shall pay to the plaintiff on March 2017.
1. Basic facts
A. Upon the request of the Defendant, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 600 million on May 23, 2007, No. 21711, which became the Plaintiff, to the National Agricultural Cooperative Federation (hereinafter “CF”) with respect to the size of 2,936 square meters (hereinafter “the instant land”), which is owned by the Plaintiff, at the time of Ansan-si’s (hereinafter “CF”), and borrowed KRW 500 million from the National Agricultural Cooperative Federation.
B. On August 20, 2010, the mother-friendly D of the Defendant, Won, and the Defendant drafted a letter of confirmation that “the Plaintiff provided KRW 500 million to the Defendant and jointly paid the principal and interest of KRW 500,000,000,000,000,000 from the Agricultural Cooperatives Federation, and the Defendant and D jointly and severally.”
C. On July 17, 2008, Suwon District Court rendered a voluntary decision to commence auction on the instant land E due to the failure to repay the above loans. As a result of appraisal, the market price of the instant land was KRW 371,540,000, around September 2008.
On October 5, 2011, the instant land was sold in KRW 297,240,000 at the above auction procedure, and the registration of transfer of F’s ownership was completed on October 12, 201.
[Ground of recognition] Facts without dispute or significant facts before the court, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The plaintiff asserted that the plaintiff provided the land of this case as security upon the defendant's request and agreed that the defendant and D were liable for the above loan and interest to the plaintiff. The plaintiff suffered loss of ownership of the land of this case due to the plaintiff's delay in paying the principal and interest of the land of this case due to the plaintiff's delay in paying the principal and interest of the land of this case, and the defendant is liable to pay the plaintiff the appraised value of the land of this case 371,540,000 won and delay damages.
3. Determination
A. According to the above facts, the plaintiff loses ownership of the land of this case by violating the above agreement to pay the principal and interest of loan.