1. The Defendant’s KRW 70,000,000 as well as 5% per annum from July 30, 2015 to October 4, 2016 to the Plaintiff.

1. Facts of recognition;

A. The Defendant, along with the Plaintiff’s employees C, D, loan brokerage policies, was to obtain a loan from the Plaintiff by using false charter contract and related documents.

B. On July 2015, the Defendant: (a) prepared an application for a loan of the full-time loan of KRW 70 million with the Plaintiff; and (b) submitted a written agreement on the loan of the loan transaction; and (c) submitted an apartment lease agreement (F and security deposit of KRW 100 million with the Defendant’s lessee, “E Apartment No. 1 and 613, Young-si, E apartment No. 613

However, the above lease contract was prepared by falsity, and the defendant did not enter into a lease contract with F and the above house.

C. On July 29, 2015, the Plaintiff believed that the Defendant was a genuine lessee, transferred KRW 70 million to the Defendant’s account.

On the other hand, the plaintiff's employees C and D had an internal document prepared as if the loan application was made normally and served as a letter of approval to the chairperson of the plaintiff who is not aware of the circumstances.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) In the case of joint tort under Article 760 of the Civil Act, which causes damage to another person jointly by several persons, the joint tort is established without requiring not only a conspiracy among actors, but also a common perception. However, if the joint tort is objectively related to the joint act, it is sufficient if the joint act is jointly related, and the damage is caused by the pertinent joint act, and thus, the joint tort is established (see, e.g., Supreme Court Decision 2001Da2181, May 8, 2001). According to the above acknowledged facts, even if the Defendant did not specifically act of unlawful loan, it is sufficiently aware that the Defendant is not a normal one, such as submitting a false lease contract under the name of the Defendant when he applied for the loan to the Plaintiff.