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1. The Plaintiff:
A. As to KRW 43,932,422 and KRW 43,260,612 among Defendant A, Defendant A shall be from January 20, 2015 to August 31, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is using the National Housing Fund as a source of revenue to loan money for the rental housing for ordinary workers.
The defendants set up a false lease contract, etc. with the broker, and divided it into loans from financial institutions. Defendant B and Defendant A decided to act as a false tenant.
B. On March 31, 2012, Defendant A and Defendant B drafted a false lease agreement (hereinafter “instant lease agreement”) with the content that Defendant A and Defendant B would lease the lease deposit amount of KRW 80,000,000,00 from Namdong-gu Incheon, Incheon, and from April 13, 2012 to April 2014.
C. Defendant A submitted the instant loan-related documents, such as the instant lease agreement, which was falsely prepared to E (hereinafter “E”), and applied for a loan for a loan. On April 13, 2012, E, entrusted by the Plaintiff with the Defendant for a housing finance credit guarantee business, Defendant A entered into a housing finance credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with each of the terms and conditions as of April 12, 2014, as of April 12, 2014, in order to secure a loan to Defendant A, and issued a housing finance credit guarantee agreement with the said housing credit guarantee agreement as collateral, and E loaned KRW 45,000,000 for a loan to Defendant A as of April 12, 2014.
(hereinafter “instant loan”). D.
Defendant A lost the benefit of the instant loan, and upon the Plaintiff’s request for the performance of the guaranteed obligation, the Plaintiff subrogated the principal and interest of the instant loan amounting to KRW 43,260,612 (= principal and interest of KRW 40,500,000 as guaranteed principal and interest of KRW 2,760,612) under the Credit Guarantee Agreement on January 19, 2015.
The plaintiff did not receive 53,260 won in arrears, 9,390 won in additional guarantee fee, 609,160 won in additional guarantee fee from the defendant A.
E. In accordance with the instant credit guarantee agreement, the Plaintiff.