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(영문) 전주지방법원 2015.11.25 2014가합1378
손해배상
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) paid KRW 127,300,000 to each of the Plaintiff (Counterclaim Defendant) as well as the amount from October 2, 2010 to October 2, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On June 20, 1995, the Plaintiff, D, E, and F entered into a sales contract with G to jointly purchase H 1,322 square meters and I 2,428 square meters (hereinafter “instant land before the instant partition”) with G (hereinafter “instant sales contract”).

However, since the Plaintiff and D did not have the qualification certificate for acquisition of farmland, they agreed to complete the registration of ownership transfer under the name of the deceased J (hereinafter “the deceased”), which is the Plaintiff’s death money (hereinafter “the instant title trust agreement”). As to the land before the division, the registration of ownership transfer was completed on January 10, 196 in the name of the E, F, and the deceased, respectively.

B. In order to raise funds to purchase the above land, the Plaintiff requested K to borrow KRW 100,00,000, and K to borrow KRW 100,000 with interest rate of KRW 17% per annum and the due date of payment on June 20, 1995. The deceased jointly and severally guaranteed the above loans to Korea Mutual Savings and Finance Company and provided KRW 903,000,000 in total and KRW 750 as security for the above loans.

C. From June 20, 1995 to February 19, 198, the Plaintiff paid interest on the above loan obligations to the Korea Mutual Savings and Finance Company in consideration of mutual savings and finance companies. From March 1998, the Plaintiff did not pay interest. The Defendants, the deceased and the deceased’s heir, died on June 1998. After the deceased’s death, the Defendants, the deceased’s heir, repaid the above loan obligations.

Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) shall pay to Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) the principal of KRW 65,537,404 on June 3, 1998; interest KRW 9,462,596 on interest; ② the principal of KRW 17,367,815 on June 10, 1998; interest KRW 132,185 on interest; ③ the principal of KRW 7,68,602 on June 30, 1998; and ④ interest KRW 211,398 on interest; ④ the principal of KRW 9,406,179 on July 3, 1998; interest KRW 109,825,506 on interest; and the principal of interest of KRW 19,825,506 on December 9, 2014; and the principal of interest of the Defendant from June 30, 1998>

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