구상금 등 청구의 소
1. Of the judgment of the court of first instance, the part against the plaintiff in relation to the defendant who is ordered to pay below.
1.The following facts of recognition may be found either in dispute between the parties, or in the entry in Gap evidence (including each number), set forth in sub-paragraphs 1 to 6, and 9, together with the whole purport of the pleadings:
A’s loan 1) Joint Defendant A of the first instance trial (hereinafter “Joint Defendant of the first instance trial”) is omitted.
(1) As the loan of a financial institution was difficult in a normal way, the loan of a financial institution was made by forging documents related to false employment and necessary documents, such as a false housing lease contract, through the so-called “I,” and for this purpose, from the Defendant, a lease contract from the Defendant to A on the right side of the Seocheon-gu, Seocheon-gu GB01 (hereinafter “instant lease contract”).
B) B, F prepared and received false documents related to employment, which were written as if A had worked for a business entity “H”. During the foregoing process, C and E were present licensed real estate agents who were to act as a lessor or broker for a false housing lease contract; D were to act as a lessor, and D was to recruit a person to act as a lessor; and A was to receive a part of the loan borrowed in return for the former loan. (2) around March 29, 2013, A submitted the instant lease agreement in which the loan officer was falsely prepared at the branch office located in the New-dong Seoul Metropolitan Government, Yangcheon-gu, Seoul Metropolitan Government, and applied for a loan of KRW 50,000,000 from the National Housing Fund.
3) On March 29, 2013, the Defendant received money from the bank in the name of the Defendant to transfer the said money from the National Housing Fund to the account under the name of the Defendant, and then delivered the said money to A on the same day. 4) C was indicted for fraud due to such acts, etc. and was sentenced to a judgment of conviction in two and half years of imprisonment on May 21, 2015 (Seoul Southern District Court 2014dan4769), and A was liable for fraud due to such acts.