A. On October 7, 2008, the Plaintiff loaned KRW 30,000,00 to D on October 7, 2010 under the joint and several guarantee of E (hereinafter “instant loan”) and the instant loan was executed for the purpose of using D as a deposit for lease deposit to lease the F apartment G (hereinafter “instant house”) from Defendant B in order to rent the instant loan.

B. At the time of the instant loan, D: (a) the lessor submitted to the Plaintiff the instant housing lease agreement (hereinafter “instant lease agreement”); (b) on October 17, 2008, Defendant B, lessee D, and broker, the lease deposit amount of KRW 50,00,000, and the lease period of KRW 24 months from October 9, 2008, respectively; and (c) the lessor completed the move-in report to the instant housing on October 17, 2008.

C. The Plaintiff paid the instant loan by directly remitting KRW 30,00,000 to the Defendant’s account, a lessor under the instant lease agreement.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion 1) The Defendants, in collusion with D, prepared a false lease contract, and acquired the loan from the Plaintiff through the name of full-time loan. As such, the Defendants are obligated to pay the instant loan and the damages for delay to the Plaintiff jointly with D. Even if Defendant C did not have intentionally participated in the act of defraudation, the Defendants were to prepare a lease contract without verifying the authenticity of the contract at least, and thus, they should be held liable for aiding and abetting the fraudulent act by negligence.

B. On the claim against Defendant B, 1 was examined, indicated in the evidence Nos. 2 and 3, and the response to the order to submit financial transaction information to Defendant B.