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1. The Plaintiff:
A. Defendant B shall pay KRW 508,165,691 as well as 15% per annum from August 28, 2018 to the date of full payment.
Reasons
1. Claim against the defendant B
A. The facts of recognition 1) The execution company of the Busan Suwon-gu D apartment and commercial building, E, a company, provided approximately KRW 4 billion and approximately 63 units of the deposit and D commercial building as security for the outstanding balance out of the PF loans under the joint and several guarantee of the FF lending company, which is the contractor. (2) However, the security interest of the G bank is imminent due to the lack of the sales performance of D apartment and commercial building (hereinafter “instant commercial building”) and the failure to pay the above principal and interest due to the FF company’s bankruptcy, etc., and the E’s registered director, a limited company, established I, participated in the sale procedure of the non-performing loans (the principal and interest of the PF lending loan claims against the G bank E), and the limited company I was awarded a successful bid for the said non-performing loans and its security interest in the amount of KRW 19.6 billion.
3) On May 2013, 2013, after the award of the said contract, the J: (a) sold 63 units of the instant commercial building in the name of the buyers including Defendant C; (b) borrowed a total of KRW 21.893 billion from financial institutions in the name of buyers (titlers) by taking the said 63 units of commercial building as security on June 5, 2013; and (c) submitted a false sales contract in which the sale price was KRW 54.9 billion to financial institutions (hereinafter “previous loan”). At the time, the J submitted a false sales contract in which the sale price was KRW 5.4.9 billion to the financial institutions (hereinafter “previous loan”).
(4) After that, on February 10, 2015, Defendant B and J applied for a loan in the name of L by offering the instant commercial building K, which was registered in the name of Defendant C, a false seller, to the Plaintiff as collateral. The loan was granted KRW 740 million based on the appraisal report registered in the previous loan process, based on the appraisal report registered in order to obtain a false sale price and an illegal loan.
5) Defendant B, in collusion with J, received KRW 740 million from the Plaintiff by deceiving the Plaintiff, as described in the foregoing paragraph (4).