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(영문) 서울남부지방법원 2017.11.10 2017가합104980
손해배상(기)
Text

1. The Defendants jointly do so to the Intervenor succeeding to the Plaintiff 161,441,778 won and its related amount from February 13, 2015 to November 10, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a specialized credit financial business company that runs installment financing business or facility leasing business with the permission of the Financial Services Commission. The Defendants conspired to conclude a false loan loan contract with the Plaintiff as follows, and the Plaintiff’s successor is a company that entered into an insurance contract with the Plaintiff for a loan loan with the Plaintiff.

B. On January 19, 2013, the Defendants drafted a false lease agreement (hereinafter “instant lease agreement”) from February 16, 2013 to February 15, 2015, with the lessor who is the father of Defendant B as the lessor; Defendant A as the lessee; the leased object is the building D in Seoul, Jung-gu, Seoul, 101, Dong 1202 (hereinafter “instant lease object”); the lease deposit is KRW 230,000,000; and the lease term is from February 16, 2013 to February 15, 2015.

C. Defendant A sent to the Plaintiff.

On April 1, 2013, a false loan agreement was made between the Plaintiff and the Plaintiff, and on April 1, 2013, a loan agreement was made with a loan of KRW 180,00,000 per annum, an overdue interest rate of KRW 10.7% per annum, an overdue interest rate of KRW 25% per annum, and a loan period of February 15, 2015 (hereinafter “the loan agreement of this case”). On April 5, 2013, a loan of KRW 180,000 was paid.

Plaintiff

On March 25, 2013, the successor intervenor entered into an insurance contract for the right to lease on a deposit basis (hereinafter “instant insurance contract”) with the Plaintiff for the subject matter of the instant lease from March 25, 2013 to March 25, 2016, with the coverage period from March 25, 2016, and with the limit of 210,000,000 won.

E. From April 25, 2013 to February 12, 2015, Defendant A paid KRW 34,449,839 to the Plaintiff totaling KRW 34,449,839 for the purpose of interest or overdue interest under the instant lease loan agreement, as indicated in the “the date of repayment” and the “amount of repayment” column in the attached Form “the details of repayment”.

F. On June 30, 2015, the Plaintiff becomes aware of the Defendants’ fraud of the former loan funds, thereby fraud.

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