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(영문) 서울중앙지방법원 2016.01.26 2015가단5063087
구상금 등 청구의 소
Text

1. The Plaintiff:

A. As to KRW 45,428,287 and KRW 45,427,220 among Defendant A, Defendant A, from May 28, 2013 to May 30, 2015.

Reasons

1. Basic facts

A. (1) On August 5, 2011, the Plaintiff entered into a housing finance credit guarantee agreement (hereinafter “instant agreement”) with respect to the obligation to be borne by Defendant A and Defendant A with a loan from a single bank as of August 5, 201, setting the guaranteed amount of KRW 44.1 million and the term of guarantee as of August 5, 2013, and issued a housing finance credit guarantee agreement.

(2) On August 5, 2011, the Han Bank made a loan to Defendant A as security on August 5, 201, setting forth a credit guarantee form as the Workers’ Housing Lease Fund amounting to KRW 49 million on August 5, 2013.

(3) Defendant A lost the benefit of time on December 7, 2012. The Plaintiff subrogated for KRW 45,452,590 to Han Bank on May 27, 2013. On October 2, 2013, the amount of KRW 25,370 collected from Defendant A and the amount of subrogation is KRW 45,427,220.

(4) The rate of damages for delay under the instant agreement is 12% per annum from the day following the Plaintiff’s implementation, and the amount of final damages is 1,067 won.

B. Around July 201, Defendant D accepted the proposal that Defendant D would offer a lessor of a housing lease agreement to be used for the purpose of the employee deposit loan loan loan, from the “H real estate” located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, which Defendant F operated by Defendant F, and that he would offer a lessor of a housing lease agreement to be used for the employee deposit loan loan.

(2) Upon receiving a proposal from Defendant D that the lessor will be given the consideration for a housing lease agreement to be used for the purpose of a loan for workers’ entire loan, and offered that Defendant B would lend the lessor’s name as above. Defendant B provided a house under the name of Defendant C, who was delegated with the right to lease with the said consent.

(3) On July 201, 201, the above office chief recruited Defendant A to receive and divide the loan for full-time employee loan, and then, the fact is that the Plaintiff did not have worked as an employee of the Dispute Resolution Council, but prepared a false certificate of employment in the name of “K,” which is recorded as an employee A, and the name of the lessor at the above H real estate office.

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