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(영문) 서울중앙지방법원 2019.04.12 2017가단5178402

구상금

Text

1. The Defendants jointly share KRW 149,60,000 with respect to the Plaintiff and Defendant C, D, E, and G from August 15, 2017.

Reasons

1. Facts of recognition;

A. On February 13, 2015, the Plaintiff entered into an agreement with H Co., Ltd. (hereinafter “H”) on a right insurance contract for a loan for the preceding month, setting the insurance coverage amount as KRW 149.6 million between February 12, 2015 and February 11, 2017; and entered into an agreement on a right insurance contract for a loan for the preceding month with each of the insurance coverage amounts to KRW 14.9.6 million; and the Plaintiff entered into a compensation agreement, etc. on the damages incurred by H who incurred a loan for the preceding month.

B. The Defendants planned to receive the above “loan for Workers’ Lease of Housing.” Defendant E and D planned to manage the loan business by managing funds, etc., Defendant F established a floating corporation and prepared a false employment certificate, etc., and Defendant G opened and manages a passbook for the management of funds borrowed under instructions from financial institutions, Defendant G was in the role of distributing the role of receiving the confirmation call at the office of the financial institution, and Defendant G was in the role of opening and managing the passbook for the management of funds borrowed. Defendant B and the lessee were also in the role of the lessee and the lessor; Defendant C was in charge of performing the preparation of a false lease contract and the procedure for filing a loan application with the lessee, while soliciting the lessee and the lessor as well as the lessee, etc.

Accordingly, around February 5, 2015, Defendant C, D, E, F, and G were allowed to purchase the J building of Gwangju Seo-gu in their name. Defendant B, along with Defendant C, prepared a false lease contract with the term “170 million won, I, and B” with respect to the said real estate, and around that time, Defendant C was issued a false certificate of employment, payment record, etc. in the name of “L” as if Defendant B actually worked as an employee.

Defendant B continues to make an application for a loan of KRW 136 million to a staff member in charge of loan in the name of H around February 5, 2015.