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(영문) 서울중앙지방법원 2016.09.08 2015가단5390451
구상금등
Text

1. The Plaintiff:

A. Defendant A: 12% per annum from June 12, 2014 to August 31, 2015; and 55,654,690 won and its related thereto.

Reasons

1. Facts of recognition;

A. On August 31, 2012, the Plaintiff entered into a housing finance credit guarantee agreement with Defendant A and issued a credit guarantee agreement by setting the guarantee period up to September 1, 2014. Defendant A obtained a loan of KRW 60 million from the Bank of Korea as a loan for full-time loan to employees as a security on the same day.

B. As Defendant A failed to repay its loans, the Plaintiff subrogated for KRW 55,654,690 to the Bank of Korea Co., Ltd. on June 12, 2014. The rate of delayed damage determined by the Plaintiff is 12% per annum until August 31, 2015 and 8% per annum from the following day.

C. The above loan and credit guarantee agreement is concluded with E, one-person F, one-person G, etc., for which the Defendants cannot verify their personal information, and the Defendant A, who is not the actual lessee of the above apartment complex, takes care of the Defendant A as lessee and take money under the name of the Defendant A in order to obtain money under the name of the actual lessee of the above apartment complex. The Defendant D, C, etc. acts as a general manager or instruction with regard to all the crimes, such as raising the purchase price of the above apartment complex and preparing false documents, etc., and Defendant B, A, etc. will lend the name and perform the actual loan business, etc. according to the above order. The above agreement was concluded by deceiving the Plaintiff and the person in charge of the Bank of Korea and Korea due to the false certificate of employment of the Defendant B, the false apartment lease contract

Due to the above crimes, the Seoul Western District Court 2014No657, 897 [the first instance court 2013 order 2813, 3175 (Merger), Supreme Court 2014Do15762] in fraudulent cases, Defendant A was sentenced to imprisonment for 8 months, Defendant B was sentenced to imprisonment for 1 year, Defendant C was sentenced to imprisonment for 4 years, and Defendant D was sentenced to imprisonment for 4 years.

[Reasons for Recognition] Each entry of Gap 1-10 evidence, the purport of the whole pleadings

2. According to the facts seen earlier, Defendant A’s payment of KRW 55,654,690 on behalf of the Plaintiff pursuant to the credit guarantee agreement with the Plaintiff and the amount of KRW 12% per annum from June 12, 2014 to August 31, 2015, the date of subrogation, and from September 1, 2015.

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