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(영문) 서울중앙지방법원 2017.05.25 2015가단5378901

구상금등

Text

1. The Plaintiff:

A. Defendant A’s KRW 91,950,060 as well as 12% per annum from May 27, 2014 to August 31, 2015.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence 1 to 17 (including paper numbers) and all the arguments.

Defendant C conspired to borrow money through a false lease contract, certificate of employment, etc. by borrowing money from a bank as a fund for the full-time loan of workers; Defendant D, a corporation issuing a false employment certificate, etc.; and a person participating in a false employment certificate, etc.; Defendant E, an operator of F, a corporation issuing a false employment certificate, etc.; and Defendant E, an operator of F, a corporation issuing a false employment certificate, etc., through a false lease contract.

Accordingly, Defendant C et al. excluded Defendant A et al., who will act as a lessee and a lessor, and the Defendants conspiredd to borrow the full-time employee loan from the Bank of Korea Co., Ltd. to obtain the full-time employee loan from the Bank.

(hereinafter referred to as “the fraud of the fund prior to the instant lease”) B.

According to the above public offering, Defendant A submitted to the Bank of Korea a false rental contract with respect to the building 103 701,00,000,000 won, which was prepared with Defendant B, and a false employment certificate prepared by Defendant F, etc., and entered into a loan transaction agreement with the said Bank on August 17, 2012.

C. On August 24, 2012, the Plaintiff agreed to guarantee the repayment of KRW 100,000,000 as stated in the preceding paragraph by Defendant A and Defendant A from the Bank of Korea to KRW 90,000,000, as stated in the preceding paragraph, and issued a certificate of issuance of a housing credit guarantee under the said agreement to the said Bank, and entered into the said Bank’s guarantee contract with the said Bank. At that time, the said Bank transferred KRW 100,000,000 to the financial account of Defendant B, a lessor, around that time, and then loaned KRW 100,000 to Defendant A.

The plaintiff and the defendant A are above.