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(영문) 수원지방법원 2017.10.17 2016가단524902

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 27,425,301 as well as KRW 24,066,095 as to the Plaintiff’s KRW 27,425,301. From February 27, 2013 to October 17, 2017.

Reasons

1. Facts of recognition;

A. On February 2013, the Defendant obtained a loan and transferred an unsold apartment, and subsequently sold it after several months, the Defendant changed the necessary documents and passbooks so that profit remains, and received a resident registration certificate, certificate of personal seal impression, agricultural cooperative account passbook, security card, etc. from B.

B. On February 27, 2013, the Defendant opened a mobile phone (C) in the Defendant’s name of the Defendant’s cell phone (C) using the documents described in the above paragraph (a), entered “B”, “D”, and “C”, etc. in the customer information column without B’s consent, and affixed a seal on the deposit owner name column; on the end, the Defendant entered “B” in the loan principal column in the loan principal column; and on the same day, attached the seal on “B” in the loan principal column; on the same day, the Defendant stated “B” as “B” in the applicant’s column, “26.5% per annum,” and “36 months in the term column; and affixed the seal on each side; and on the same day, the Plaintiff (such change: hereinafter “former”) issued the loan amount to the Plaintiff’s employees, and received two million won from the Plaintiff’s used cars as the loan amount.

C. On February 13, 2015, the Defendant was sentenced to imprisonment with prison labor for 2 years and 1.1 billion won for the criminal facts, etc. that “the Defendant, for the purpose of exercising without authority, forged a letter of agreement on the rights and obligations under the name of the Plaintiff and acquired the property by deceiving the Plaintiff,” and the judgment above was sentenced to imprisonment with prison labor for 2 years and 1.1 billion won for the same year.

3. 24. Finality: D.

On the other hand, on December 17, 2015, the installment financing contract concluded by the Defendant with the Plaintiff (hereinafter “instant contract”) on the following grounds is concluded by the Defendant with the Plaintiff by forging the application and agreement in the name of B, and thus, the validity of the instant contract extends to B.