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1. Defendant A and C jointly share KRW 80,483,824 with respect to the Plaintiff, as well as the period from April 26, 2014 to November 8, 2017.
Reasons
1. Facts of recognition;
A. Defendant C prepared a false lease agreement or certificate of employment with D, etc., and conspired to obtain a “house lease loan” from the bank and to have the loan divided. Defendant A consented to the preparation, etc. of a false lease agreement with respect to “F building G (hereinafter “instant real estate”) owned by E on April 2013.” Defendant B, a licensed real estate agent, even after being aware of the aforementioned circumstances, prepared the aforementioned false lease agreement.
B. On April 2013, Defendant A applied for a loan of the deposit money while submitting the lease contract, etc. to an employee in charge of lending the H bank edification branch (hereinafter “H bank”).
C. On October 19, 2012, Defendant A entered into a housing finance credit guarantee agreement (hereinafter “instant agreement”) with H bank, which was entrusted with a housing finance credit guarantee business by the Plaintiff, setting the guarantee principal as KRW 96 million and the guarantee period from April 11, 2013 to April 10, 2015.
H Bank extended a loan of KRW 96 million to Defendant A on April 11, 2013 on the security of a certificate of issuance of a housing credit guarantee issued in accordance with the instant agreement.
E. On October 4, 2013, Defendant A lost the benefit of the term of the loan as the principal and interest of loan, and on April 25, 2014, the Plaintiff subrogated the H Bank to pay the principal and interest of KRW 80,483,824, pursuant to the instant agreement.
F. On November 22, 2013, the Defendants were sentenced to imprisonment with labor on the grounds of criminal facts, etc. that H Bank obtained a loan of KRW 96 million from H Bank by preparing and submitting a false lease contract to obtain a loan of the deposit money (2013da2153, 2171, 2408, 2434, 286 (merger), and 2886) at the Jung-gu District Court on November 22, 2013, and the said judgment became final and conclusive as is on May 10, 2014.
[Ground of Recognition] Facts without dispute, entries in Gap evidence 1 to 16 (including each number), and arguments.