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(영문) 서울중앙지방법원 2019.08.20 2018가단5263963

손해배상(기)

Text

1. The Defendants jointly share KRW 55,525,317 to the Plaintiff and Defendant A and C respectively from April 2, 2014 to March 2, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 2013, the Defendants decided to obtain a loan from a financial institution using false lease agreement and employment-related documents prepared as if a homeless employee rents a house, and acquired the loan from the financial institution. Defendant C took the role of preparing false documents related to employment, such as a certificate of employment, Defendant D was accompanied by a false lessee and bank, Defendant A took the role of delivering false documents related to employment to the false lessee and bank, Defendant B took the role of a false lessee, and Defendant B took the role of a false lessor in order to take the responsibility of the false lessor.

B. Accordingly, around May 23, 2013, at the F Licensed Real Estate Agent Office located in Yongsan-si, Osan-si, the Defendants drafted a false lease contract with Defendant A to lease G apartment H units of the Gangseo-gu Seoul Metropolitan Government by setting the deposit amount of KRW 100 million and the period of two years, respectively. Defendant C prepared documents related to employment, such as false certificate of employment, which is believed to have been paid by Defendant A while working in “I” at that time.

C. On May 30, 2013, the Plaintiff entered into a housing finance credit guarantee agreement with Defendant A to guarantee the principal of the guaranteed principal, and the guarantee period from May 30, 2013 to May 29, 2015.

On May 30, 2013, J Bank provided a loan of KRW 70,000,000 to Defendant A for a two-year period of loan.

E. As above, Defendant A received a loan by deceiving J Bank, and did not repay it as agreed upon, the J Bank demanded the Plaintiff to discharge the guaranteed obligation. Accordingly, on April 1, 2014, the Plaintiff paid to the J Bank the principal and interest of the loan amounting to KRW 64,676,910 (the principal amounting to KRW 63,00,000,000) within the guarantee limit and performed the guaranteed obligation.

F. Defendant C and D shall act as above.