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(영문) 수원지방법원성남지원 2015.10.06 2015가합1051

구상금

Text

1. The plaintiff (appointed)'s claims are all dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Loans extended by Defendant 30 million won on October 30, 2012 on the date of recognition of the fact of lending KRW 175 billion on April 15, 2013, KRW 1580 million on June 17, 2013, KRW 175 million on July 16, 2013, KRW 1260 million on October 7, 2013. < Amended by Presidential Decree No. 24447, Oct. 7, 2013; Presidential Decree No. 24507, Oct. 26, 2013; Presidential Decree No. 24479, Oct. 7, 2013>

A. The Defendant obtained a loan (hereinafter “each of the instant loans”) in the name of the Defendant or the Defendant’s father, as indicated below, from a retired agricultural cooperative (hereinafter “Withdrawn”) as indicated in the following table, and acquired each of the following loans by forging and using a copy of the I’s resident registration certificate, a loan transaction agreement, a mortgage contract, a loan agreement, and a loan consultation and application.

B. On May 14, 2015, the Defendant was sentenced to five years of imprisonment with prison labor for the forgery of private documents, uttering of falsified investigation documents, forgery of public documents, uttering of forged public documents, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud.

(C) Sungnam District Court 2014 Gohap317).

On January 16, 2014, the Plaintiffs and the remaining designated parties (hereinafter referred to as “Plaintiffs, etc.”) who are officers or employees in charge of loans of the unsatisfy village shall be paid KRW 1,850,248,895 (a total of the loan principal + KRW 1,815,00,000,000 + total of the loan principal + KRW 35,248,895, plus total of interest KRW 35,000,000, KRW 130,000,000, KRW 130,000,000, KRW 150,000, KRW 240,000,000, KRW 620,248,895, and KRW 31,000,000,000 to agricultural cooperatives.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2 through 6 (including all of the paper numbers), Gap evidence 7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the plaintiff et al. received the right of reimbursement against the defendant by subrogation for each of the loans of this case against the plaintiff et al. against the plaintiff, and thus, the plaintiff et al. sought payment of money as stated in the purport of the claim on behalf of the plaintiff, etc.

B. Determination is based on the following facts: each of the instant loans.