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(영문) 서울서부지방법원 2018.01.18 2017나1237

대여금

Text

1. Upon receiving a claim for a change in exchange from this court, the defendant shall pay to the plaintiff KRW 237,912,593 and this shall apply.

Reasons

1. Facts of recognition;

A. On May 17, 2017, the Plaintiff (CFF) was a financial institution that provides loans, etc. to its members, and took over a lawsuit after absorbing AFFC (AF) that was the previous Plaintiff on May 17, 2017.

(hereinafter, without distinguishing between the two, the Defendant is a person who applied for a loan to the Plaintiff on November 23, 2015 and received the loan.

B. D, a director of the Plaintiff’s division, conspired in sequence with E, etc., a loan title holder or a person who is responsible for soliciting loan holders or loan holders, and the Plaintiff’s regular business F, etc., select apartment houses subject to the crime subject to the application for a loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the above loan of the lender, if the above loan holder, who was recruited, visited the Plaintiff’s office and applied for the loan of the loan of the loan of the lease of the lease of the apartment

After that, D paid a loan to the account of a lender with the approval of the president of the Plaintiff, who is unaware of the fact after obtaining the approval of the president of the F executive branch, and withdrawn the loan by using the documents necessary for the withdrawal, such as the passbook and password, which was received in advance, and used it for the purpose of repayment of the principal and interest of other illegal housing mortgage loans or payment of the name lending fee.

C. Of these, the Defendant received a proposal from the above lending account holder E to pay for a false loan loan, and pursuant to the direction of E, around November 20, 2015, visited the Plaintiff’s office and opened an ordinary deposit account in the name of the Defendant first, and then opened the account in the name of the Defendant on November 23, 2015, according to the direction of the above director of the division where E contacts in advance.