logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.08.22 2016가단24201
대여금
Text

1. The Defendant’s KRW 97,114,001 as well as the Plaintiff’s annual rate from August 27, 2014 to August 22, 2017, and the following.

Reasons

1. Facts of recognition;

A. On August 26, 2014, the Defendant submitted the necessary documents, such as the lease contract, resident registration card copy and abstract, certificate of seal impression, certificate of tax payment, etc., stating that he/she rents KRW 160,000,000 from D, the owner of the building No. 301 on land B and one parcel of Eunpyeong-gu, Seoul, and the owner of the building, and submitted directly the Plaintiff (hereinafter the same shall apply) with the loan of the lease loan below the loan of this case.

B) The Plaintiff filed an application for a lease. (B) The Plaintiff believed that the above lease contract was genuine, and carried out a loan of KRW 110,000,000 to the Defendant on August 27, 2014, and remitted the loan to the Defendant’s account. (c) However, the above lease contract was made by falsity, and the Defendant did not intend to use the loan as a lease deposit even if the loan was granted by the Plaintiff on the grounds that the lease was not leased the house as stated in the contract. (d) The instant loan was made by the Plaintiff’s employees, E, F, etc., led by the Plaintiff, to recruit the nominal lender to conduct as the lessee, such as the Defendant, through the lending scheme, and then, as the application for each loan was made normally, by preparing the internal document as if the application for each loan was made by the Plaintiff’s employees and EF, and by inviting the Plaintiff to implement the loan with the consent of the president in installments. [The grounds for recognition] There was no dispute.

hereinafter the same shall apply.

each entry, the purport of the whole pleading

2. Determination as to the cause of action

A. The establishment of a joint tort under Article 760 of the Civil Act, which causes damage to another person jointly, does not require a public invitation or a joint perception among the actors. If the act is objectively related to the act, it shall be sufficient and shall be liable to compensate for the damage caused by the pertinent joint act.

arrow