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1. Defendant A’s KRW 46,031,540 as well as 5% per annum from April 30, 2016 to January 21, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant A responded to the request from C to the effect that “A would make a repayment within three months if a loan was made with a false loan from a pre-paid loan.”
C around October 2, 2013, Defendant B, the owner of D-dong D-dong 401 (hereinafter “instant housing”), forged a lease agreement with Defendant B, the owner of which leased to Defendant A the deposit amount of KRW 100,000,000.
B. On October 21, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A and the guaranteed principal at KRW 50,000 (hereinafter “the credit guarantee agreement of this case”) with respect to the obligation to pay the lease on a deposit basis of the instant housing that Defendant A borrowed from the Bank of Korea (hereinafter “Korea Bank”), and issued a credit guarantee agreement, such as the above content, to our bank.
C. According to the instant credit guarantee agreement, in the event that the Plaintiff fulfilled the guaranteed obligation, the Defendant A paid the amount and the damages and damages for delay in addition to the amount at the rate determined by the Plaintiff.
On October 21, 2013, when Defendant A filed an application for a loan of employee deposit money, Defendant A submitted a forged lease agreement, etc. on the instant house to the Bank. On the same day, Korea Bank borrowed KRW 50,000,000 to Defendant A as employee deposit money, and then transferred this money to the Agricultural Cooperative Account (Account Number E; hereinafter “instant account”) in the name of Defendant B designated by Defendant A.
E. After that, as Defendant A lost the benefit of time due to the delayed payment of the principal and interest of the loan, Korea bank requested the Plaintiff to discharge the guaranteed obligation, and on April 29, 2016, the Plaintiff paid 46,031,540 won to Korea bank (i.e., principal amount of KRW 45,00,000,000, KRW 678,140, KRW 353,400).
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, Eul 6-3, and Eul 7-1, respectively;