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1. The Defendants jointly share KRW 50,755,357 with respect to the Plaintiff and the period from November 18, 2014 to March 9, 2016.
Reasons
1. Facts of recognition;
A. On April 24, 2013, Defendant A entered into an apartment lease agreement with Defendant B, setting the lease deposit amount of KRW 120,000,000 and KRW 24 months with respect to 201,001, 1401, 2001, Defendant A received 60,000,000 National Housing Fund loan from the National Bank of Korea.
However, the Defendants did not actually have entered into a charter contract with the above terms, and in collusion with the brobeers, the Defendants were given loans from the National Bank of Korea as above by preparing a false charter contract.
B. On April 30, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A with respect to the above employee full-time loan loan and issued a credit guarantee certificate with the amount of security deposit at KRW 54,00,000.
After that, on November 18, 2014, the Plaintiff subrogatedly repaid the amount of KRW 54,00,000, interest of KRW 1,420,717, total of KRW 55,420,717, which was the guaranteed principal, to the National Bank Co., Ltd. under the above credit guarantee agreement. The Plaintiff recovered KRW 4,665,360 from the Defendant A to appropriate it for payment.
C. Defendant A is the above.
The Defendant A was sentenced to imprisonment for 8 months on May 7, 2015 in Seoul Southern District Court 2015Kadan1046 Fraud case. Defendant A appealed therefrom and was sentenced to imprisonment for 6 months in the above court 2015No698 case, the appellate court, and the final appeal was dismissed. Defendant A’s appeal was dismissed.
[Reasons for Recognition] Facts, absence of dispute, entry of Gap 1 to 10 evidence, the purport of the whole pleadings
2. According to the above facts of determination, the Defendants jointly and severally liable to the Plaintiff as joint tort. As such, the Defendants jointly and severally liable to the Plaintiff for damages amounting to KRW 50,755,357 (the amount of subrogated reimbursement to KRW 55,420,717 - the recovered amount to KRW 4,665,360), and the aforementioned date of subrogation, which is recognized as tort, was from November 18, 2014.