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1. On the part against the defendant in the judgment of the court of first instance, the plaintiff who is against the money that orders the payment below.
Reasons
1. Facts of recognition;
A. The Plaintiff is running a loan business for the lease of housing for ordinary people and workers with a financial resources from the National Housing Fund. The Defendant heard that the Plaintiff’s loan for the lease of housing was actually conducted only by document examination without due diligence, and offered that D, who owns an apartment building, has obtained and divided the lease of housing by using a false lease contract, etc., and D, who agreed to do so, was in charge of a false lessor’s role.
B. D and A, around October 9, 2012, drafted a false lease contract stating that “D, a lessee, leases to the lessee, at the time of large exhibition, the F apartment G rental period of two years, and KRW 100 million.”
C. On October 19, 2012, A submitted to C Bank documents related to loans, such as a false charter agreement, and applied for a charter loan. C Bank entrusted with a housing finance credit guarantee business by the Plaintiff on October 19, 2012, upon receipt of a request for a guarantee from A to A, entered into a housing credit guarantee agreement with A as of October 20, 2014, with each of the period of guarantee principal as of October 20, 2014 in order to secure a loan to A C Bank, and issued a housing finance credit guarantee agreement, and C Bank, on October 19, 2012, lent the loan amount of KRW 70,000,000 as security of the said housing finance credit guarantee agreement to A as of October 19, 2014.
(hereinafter “instant loan”). D.
A lost the benefit of the term of the instant loan on May 15, 2013. On November 19, 2013, the Plaintiff subrogated the principal and interest of the instant loan amounting to KRW 65,007,642 (i.e., principal amounting to KRW 63,00,000,000 - KRW 2,023,050 - KRW 15,408) upon the request for performance of the guaranteed obligation by the C Bank, and collected KRW 1,913,931 from A on July 19, 2017.
The remainder of the Plaintiff’s unpaid amount due to the payment by subrogation is KRW 63,093,711 (=the principal and interest of subrogation KRW 65,007,642 - the recovered amount is KRW 1,913,931).