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(영문) 서울중앙지방법원 2016.01.15 2015가단5092269
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A, C, D, and B jointly share KRW 51,429,116 and their related thereto from March 2, 2011 to July 11, 2015.

Reasons

1. Claim against Defendant A, B, C, and D

(a)as shown in the reasons for the attachment of the claim;

(b) Defendant A and B: Judgment by service (Article 208(3)3 of the Civil Procedure Act) by public notice (Article 208(3)2 of the Civil Procedure Act)

2. Claim against the heir G and H of Defendant E and deceased F

A. Facts of recognition 1) Defendant A, B, C, D, and Non-Party I (hereinafter the above Defendants and I collectively referred to as “I, etc.”).

(1) On September 1, 2009, Defendant E and his/her spouse (hereinafter “the deceased”), together with Defendant E and the Deceased, are “Defendant E, etc.” under the name of I, where it is difficult to lend a financial institution by normal means, by creating a false-service-related document and a false house charter contract, etc., and making it difficult to lend a financial institution.

A) Around that time, he/she received a proposal from his/her name in favor of a lessor of a false lease contract, and consented to the preparation of a false lease contract under the deceased’s name. Accordingly, Defendant A’s false lease contract (hereinafter “instant lease contract”) stating “80 million won of lease deposit, lessor F, and lessee I” (hereinafter “instant lease contract”).

(2) On September 11, 2009, Defendant I concluded a credit guarantee agreement between the Plaintiff and the Plaintiff on September 11, 201, setting the guarantee principal amount of KRW 50,400,00, and the guarantee period of KRW 50,400.

3. On September 11, 2009, our bank extended 56,000,000 won to I as security a certificate of issuance of a housing finance credit guarantee issued by the Plaintiff pursuant to the above credit guarantee agreement.

The deceased, a lessor of the instant lease agreement.

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