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1. The Defendant: 65,970,074 won to Plaintiff A and 5% per annum from May 9, 2015 to April 21, 2016.
Reasons
1. Basic facts
A. The Defendant acquired a lot of 7215 square meters for a school site D in Jeonju-gun, Jeonju-gun (hereinafter “E school”) in the process of public sale, and completed the registration of ownership transfer on December 28, 2007.
B. (1) On December 27, 2007, the Defendant obtained a loan of KRW 500 million from the FF Treasury (hereinafter “instant loan”), and paid it as the public sale price for E-school.
(2) On December 28, 2007, FFF Fund completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 700 million with respect to the G School Site 6003 square meters (hereinafter “H School”) owned by the Plaintiff and the Plaintiff, Jeon-gun, Jeonju-gun, Seoul (hereinafter “A”) as security for the instant loan.
C. (1) When the instant loan was overdue, the FF Treasury applied for voluntary auction to the Jeonju District Court I on the E-school.
(2) Of the amount to be actually distributed at the above auction procedure, KRW 84,639,110 remaining after the senior creditor was distributed to the debtor and the defendant, who is the owner.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 10, Gap evidence 11, Eul evidence 3 (including partial numbers), the purport of the whole pleadings.
2. Judgment on the main claim
A. The gist of the assertion argues that, as the interest on the instant loan was paid by the Plaintiff A to KRW 82,181,947, and Plaintiff B to KRW 23,690,000, the Defendant, who is the debtor of the instant loan, is liable to pay the above interest paid by the Plaintiff and the damages for delay.
In regard to this, the defendant asserts that the plaintiff Gap borrowed the name of the defendant, and the actual owner is the plaintiff Eul, and the loan of this case was loaned to the defendant for the payment of the public auction price of the E school, so the plaintiff Gap borrowed the defendant's name, so the interest paid by the plaintiffs is not fulfilled the defendant's obligation.
B. Each evidence mentioned earlier, evidence Nos. 15 through 18, and evidence No. 2 of No. 2.