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(영문) 서울중앙지방법원 2017.06.30 2015가단5350330
구상금 등
Text

1. The Plaintiff:

A. Defendant A’s KRW 55,639,520 as well as 12% per annum from November 16, 2013 to August 31, 2015;

Reasons

1. Facts of recognition;

A. Defendant A and C’s illegal acts committed by Defendant A and C, together with loan brops such as D, conspiredd to get a worker’s lease of housing deposit funds in installments.

Around June 13, 2012, Defendant C, according to the above conspiracy, prepared a false lease contract and transferred it to Berer as if Defendant A did not have leased the instant real estate in the name of Defendant B, the husband of Defendant B, “Yecheon-gu E 5 Dong 104 (hereinafter “instant real estate”).

On June 2012, 2012, as Defendant A was present in F, falsely prepared relevant documents, such as the certificate of employment, the receipt of income tax withholding, and the statement of wages, as Defendant A was present in F, and transferred the same to Defendant A along with the aforementioned false charter contract.

After that, Defendant A submitted a false certificate of employment and a pre-paid contract, etc. at the branch of Korea Bank G, as seen above, as if they were actually prepared, and applied for a loan of the National Housing Fund loan amounting to KRW 60 million to the employee in charge of loan as if they were actually used as a pre-paid deposit.

B. On June 15, 2012, Defendant A, who entered into an agreement on a credit guarantee for housing finance (hereinafter “instant agreement”), concluded a housing finance credit guarantee agreement between the Plaintiff and the Plaintiff with the term of guarantee at KRW 54 million, and with the term of guarantee as of June 16, 2014 (hereinafter “instant agreement”).

At the time of the instant agreement, Defendant A agreed to pay the amount of money paid to the Plaintiff for the performance of the guaranteed obligation, damages therefrom, and all other expenses incidental thereto. The rate of damages for delay determined by the Plaintiff is 12% per annum from the date of the performance of the guaranteed obligation until August 31, 2015, and 8% per annum from the next day to the date.

C. On June 15, 2012, our bank loans KRW 60 million to Defendant A as security for a certificate of issuance of a housing finance credit guarantee issued pursuant to the instant agreement, and on the same day, Defendant A’s lease deposit.

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