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(영문) 서울중앙지방법원 2016.04.29 2015가단5153621
손해배상(기)
Text

1. The Defendants jointly share KRW 38,277,980 with respect to the Plaintiff and 5% per annum from January 11, 2011 to November 5, 2015.

Reasons

1. Facts of recognition;

A. Defendant A, B, C, D, E, F, and G (hereinafter “A, etc.”) committed tort on August 2009 (hereinafter “Defendant C, etc.”) by creating documents related to Defendant A, false employment, and false housing lease contract, etc., for which it is difficult to grant a financial institution loan in a normal way, Defendant C conspired to have the loaned and divided the lease fund.

(2) Around that time, Defendant B asked Defendant A to create and request documents related to the employment of Defendant A, even though the fact that Defendant A had worked in the industry under subparagraph (g). Accordingly, Defendant E made a false document, such as a certificate of employment, and delivered it to Defendant B.

(3) Defendant G, upon receiving a proposal from Defendant F that Defendant H would pay for a lessor of a false house lease agreement, approved Defendant H’s false lease agreement in his name.

Accordingly, Defendant B prepared a false lease agreement (hereinafter “instant lease agreement”) that was entered into between Defendant H and the lessee as Defendant A and the lessee, which entered into between the Plaintiff and the Plaintiff, of the second floor of Incheon Bupyeong-gu I (hereinafter “instant house”), the lease deposit amount of KRW 60,00,000, and the lease deposit amount of KRW 60,000.

(4) From August 2009, Defendant D transferred Defendant A to the Bank of Korea (hereinafter “Korea Bank”) located in Bupyeong-dong, Bupyeong-gu, Incheon (hereinafter “Korea Bank”), and granted Defendant A the instant lease agreement, etc. made with the aforementioned false documents. Defendant A submitted the above documents, and Defendant A applied for the loan of KRW 42,000,000 workers’ house lease fund.

B. Meanwhile, even though Defendant H did not receive the down payment under the instant lease agreement, he prepared a receipt (hereinafter “the instant receipt”) on August 14, 2009 that received the down payment of KRW 6,000,000 on August 14, 200, and on August 25, 2009, the instant certificate of “this case’s receipt from the Bank” was filed by the lessee who entered into a lease agreement with Ha, applying for the pre-paid loan.

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