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(영문) 서울중앙지방법원 2015.09.23 2015가단5069290
구상금 등
Text

1. The Plaintiff:

A. As to KRW 45,718,484 and KRW 45,513,826 among Defendant A, Defendant A, from August 24, 2012 to November 30, 2012.

Reasons

1. Facts of recognition;

A. On February 201, 201, Defendant E prepared documents and false house leasing contract, etc. related to Defendant A, which is difficult to borrow a financial institution, in a normal way as a patrol officer, and recruited Defendant E to receive and divide the loan from financial institutions.

B. Around that time, Defendant D accepted the request by Defendant B, C, and Nonparty F to perform a lessor’s role in a false real estate lease contract in sequence. Defendant E, Defendant A, etc. drafted a false single house lease contract with the name of “Lease deposit amounting to KRW 70 million, lessor I, and lessee A” at the H office located in Nam-gu Incheon Metropolitan City, Nam-gu.

C. After February 201, Defendant E: (a) transferred Defendant A to the G branch of Korea bank G located in Nam-gu Incheon Metropolitan City, and (b) delivered the relevant documents and a detached house lease contract to Defendant A; (c) Defendant A applied for a loan of KRW 49,000,000 to employees in charge of the above bank loan on his name.

On February 18, 2011, Korea Bank Co., Ltd. (hereinafter “Korea Bank”), a business entrusted by the Plaintiff, concluded a credit guarantee agreement (hereinafter “the credit guarantee agreement of this case”) with Defendant A to guarantee the Defendant’s obligation to provide full-time loan for the employee loan to Defendant A, the principal of the guaranteed principal, the guarantee amount of KRW 44,10,000, and the guarantee period of the Defendant A from February 18, 201 to February 18, 2013.

On the same day, the Plaintiff issued a certificate of issuance of a housing finance credit guarantee under the instant credit guarantee agreement to our bank, and on February 18, 201, our bank loaned KRW 49,000,000 to Defendant A as security the said credit guarantee agreement as the employee house lease fund (hereinafter “instant loan”).

E. Meanwhile, according to the credit guarantee agreement of this case, when the plaintiff fulfilled the guaranteed obligation, the defendant A paid for the performance of the guaranteed obligation, and accordingly.

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