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(영문) 수원지방법원 2019.05.02 2018나70363
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 4,942,90 against the Plaintiff and its related thereto, from January 5, 2013 to May 2, 2019.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5 (including paper numbers; hereinafter the same shall apply) and the whole purport of pleadings:

On April 17, 2012, an application for a loan was made in the name of D on April 17, 2012 against the Plaintiff (former: C Co., Ltd.). The amount of the loan application was KRW 12,00,000, and the interest rate applicable to the loan was KRW 29.9% per annum and the interest rate for delay was KRW 38.9% per annum.

B. Upon receiving an application for a loan, the Plaintiff wired KRW 12,00,000 to the E bank account in the name of D on the same day, and the primary payment was made once, and the remaining principal is KRW 11,786,143 as of April 18, 2012.

C. On September 26, 2012, the Defendant was sentenced to three years of imprisonment in Seoul Eastern District Court Decision 2012 Godan1858 on September 26, 2012, including the following criminal facts.

On February 2, 2012, the Defendant received a request from F to “the request for a loan to be offered by G, H, and I in the name of D to use as a loan holder through J,” and accepted the request, and then received from F the necessary documents for the loan from F to obtain the loan in the name of D from the financial right using the documents and made the loan in the name of F and divided into F, G, H, I, and J in order with F. On April 2012, the Defendant received the necessary documents for the loan from F, such as a certified copy of the resident registration of D, a family relation certificate, and the passbook of E bank.

1. On April 15, 2012, the Defendant forging Private Document: (a) sent a copy of the resident registration card received from F to obtain a loan from a financial institution; and (b) had the above K prepare two copies of the payment certificate of health long-term care insurance premiums in the name of the president of the National Health Insurance Corporation in the name of the president of the Korea National Health Insurance Corporation, and one copy of the national health insurance qualification certificate in the name of the president of the Korea National Health Insurance Corporation; and (c) send the above copy of the resident registration card to the “L” in the name of the president of the Korea National Health Insurance Corporation in the name of the president of the Korea National Health Insurance Corporation.

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