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(영문) 광주고등법원(전주) 2016.11.03 2015나102717
손해배상
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

Reasons

Basic Facts

A. On June 20, 1995, the Plaintiff, D, E, and F planned to jointly purchase H 1,322 square meters and I 2,428 square meters (hereinafter “the land before the instant subdivision”).

B. 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 of the instant land before the division in the name of the Plaintiff (hereinafter “the deceased”), and the deceased (hereinafter “instant title trust agreement”).

C. After that, on the land before the instant partition, the registration of ownership transfer was completed on each one-third share in the name of E, F, and Deceased on January 10, 1996.

In order to raise funds for the purchase of 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 June 20, 1998. On June 20, 1995, the Plaintiff borrowed KRW 100,000 from the Korea Mutual Saving and Finance Company in consideration of the Seoul Mutual Aid and Finance Company for the loan until the due date of payment. The Deceased guaranteed the above loan to the Korea Mutual Savings and Finance Company in consideration of Korea, and offered KRW 903,00 and KRW 750,00 for the loan debt.

E. From June 20, 1995 to February 19, 1998, the Plaintiff paid interest on the above loans to the Korea Mutual Saving and Finance Company in consideration of the mutual savings and finance company. Since March 1998, the Plaintiff did not pay interest. After that, the Defendants, the deceased and the deceased’s heir, died on June 1998. After the deceased’s death, the Defendants, the heir of the deceased, repaid the above loans.

The Korea Mutual Savings and Finance Company established the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) under the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) for ① KRW 65,537,404, interest KRW 9,462,596, ② Principal KRW 17,367,815, interest KRW 132,185, and interest KRW 132,185, ③ on June 30, 198, the principal amount of KRW 7,688,602, interest KRW 211,398, ④ the principal amount of KRW 9,406,179, interest KRW 19,327, interest KRW 109,825,506, and the Defendants paid the principal amount of interest from June 30, 1998 to June 30, 198; and the Defendants paid the principal amount of interest from June 30, 1998; and

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