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(영문) 광주지방법원 2015.12.22 2015가단511915
손해배상(기)
Text

1. As to Defendant B’s KRW 40,000,000 and KRW 20,000 among them, Defendant B shall be from March 22, 2011, and KRW 20,000,00.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant Nonghyup Bank Co., Ltd and C

A. Basic facts 1) The Plaintiff: (a) determined on November 30, 201 as of November 30, 201, the expiry date of the loan of KRW 20 million from Defendant Nonghyup Bank Co., Ltd.; and (b) obtained each of the loans (hereinafter “each of the instant loan agreements”) on March 22, 2013 as of the expiration date of the loan.

(2) On March 22, 2011, the Plaintiff wired KRW 20 million to Defendant B’s account. On March 6, 2013, the Plaintiff wired KRW 20 million to Defendant C’s account.

3) On September 29, 201, the Plaintiff entered into a credit loan agreement with Defendant NongHyup Co., Ltd. on September 29, 201 by setting the lending limit of KRW 20 million and the expiration date of the loan as of September 29, 2013 (the extension of the lending limit to September 29, 2015), and then filed a complaint with Defendant B on April 17, 2015, for fraud that the Plaintiff acquired the total amount of KRW 828 million from April 2007 to January 5, 2015 by deceiving Defendant B to the Gwangju District Prosecutors’ Office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 7 (including paper numbers; hereinafter the same shall apply), the purport of whole pleadings

B. 1) The plaintiff's claim for damages arising from the illegal act is 1) The defendant Eul is a loan solicitor of the defendant Nong Bank Co., Ltd. and was responsible for the loan of the defendant Nong Bank Co., Ltd. as a loan solicitor for the loan of the defendant Nong Bank after concluding an entrustment contract for the loan recruitment business with the defendant Nong Bank Co., Ltd., and let the plaintiff get a loan of KRW 40 million from the defendant Nong Bank Co., Ltd., and then let the plaintiff repay it to his or her account in his or her name. The defendant Eul's above illegal act is the defendant Eul.

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