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(영문) 창원지방법원 2019.08.08 2019가단104313

손해배상(기)

Text

1. As to Defendant B and C, jointly with the Plaintiff KRW 108,50,000, and as to this, Defendant B from October 24, 2014.

Reasons

1. Basic facts

A. The party’s related Plaintiff is a financial institution that made a loan to Defendant B’s wife, and Defendant C, together with Defendant B, acted with Plaintiff A Association as if they were E and applied for a loan in the future, and Defendant D is an employee of the Plaintiff, who took charge of the loan business at the time of the loan in the name of Plaintiff E.

B. 1) Defendant B demanded Defendant C to assist Defendant B to obtain a loan under the name of E by taking the E, the spouse of Defendant B, from the Plaintiff Association. Defendant C accepted Defendant B’s demand and visited Plaintiff A, together with Defendant B, around October 23, 2014.

Defendant B and C stated in the name of E the loan transaction agreement for the loan of the F, the loan transaction agreement secured by Changwon-si G Apartment H (hereinafter “instant building”) and the mortgage contract document, etc., and affixed E seal.

3) On October 23, 2014, the Plaintiff deposited KRW 7,783,810 [the amount obtained by subtracting KRW 216,190 (Electronic Guarantee Fee) from the name of the applicant for loans at KRW 8,00,000], KRW 100,302,521 from the name of the secured loan [the amount obtained by subtracting KRW 197,479 from the name of the applicant for loans at KRW 100,50,000 from the loan amount of KRW 197,479 (revenue KRW 75,00,00) from the name of the loan amount of the applicant for loans at KRW 122,479 from the name of the loan amount of KRW 130,650], respectively, the Plaintiff completed the establishment registration of a mortgage with respect to the building in this case at issue.

(hereinafter “instant collateral security registration”) C.

On December 10, 2015, E filed a lawsuit seeking cancellation, etc. of the instant collateral security registration against the Plaintiff, etc. in the Changwon District Court 2015dan8779, asserting that Defendant B and C conspireded to forge documents in the name of E and caused loan. 2) The first instance court filed a lawsuit seeking cancellation, etc. of the instant collateral security registration against the Plaintiff, etc.