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1. The Defendant: (a) KRW 46,860,000 for the Plaintiff, and KRW 5% per annum from February 13, 2017 to November 14, 2017, and the next day.
Reasons
1. On April 22, 2012, 2012, the Plaintiff prepared a 100 million won lease contract between the Defendant and the Defendant with respect to the C Apartment 202 Dong 801, Namyang-si.
o, however, the above lease contract was prepared by the plaintiff in a false way to obtain a loan on the condition that the plaintiff receives a fee of KRW 5,000,000.
o The Defendant received a guarantee from the Korea Housing Finance Corporation, and received a loan of KRW 45 million to the Industrial Bank of Korea on May 4, 2012, and the Plaintiff received a transfer of KRW 45 million from the loan to the Defendant, and remitted KRW 45 million among them to the Defendant.
o The Industrial Bank of Korea requested the Korea Housing Finance Corporation to discharge the guaranteed debt, and the Korea Housing Finance Corporation subrogated the principal and interest of 44,301,229 won on October 15, 2014.
o The Plaintiff repaid KRW 5,00,000 to the Industrial Bank of Korea on March 26, 2015, and subrogated KRW 46,860,00 to the Korea Housing Finance Corporation on February 13, 2017.
2. Judgment by publication (Article 208 (3) 3 of the Civil Procedure Act)