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(영문) 서울중앙지방법원 2017.07.11 2016가단5014112
구상금
Text

1. The Plaintiff:

A. Defendant A’s KRW 45,406,110 as well as 12% per annum from June 27, 2015 to August 31, 2015.

Reasons

1. Basic facts

A. Defendant C and B were aware of the fact that the financial institution entrusted with the affairs related to the lending of employee deposit money for the lease of housing was conducting a formal examination and doing business of lending money for the lease of housing. Defendant C and B, as a hub for soliciting false lessees, were willing to acquire the loans of employee deposit money for the lease of housing with a person who plays a role of a

B. Defendant C and B offered loans to divide Defendant A and Jeonsese loan with each other, and the fact is that Defendant A did not serve as the KACC, and Defendant D did not intend to rent the underground floor No. 2 (hereinafter “instant house”) of the multi-household housing building located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul. However, Defendant A submitted a false employment certificate in the name of JACC, false lease contract in the name of Defendant A and Defendant D to the Bank of Korea (hereinafter “Korea Bank”) and received KRW 50 million from Defendant D’s account on July 12, 2013.

C. Defendant C and B were subject to criminal punishment of imprisonment in the Seoul Southern District Court Decision 2015Kadan1153, 2015 Godan1410 (Joint) for a fraudulent crime with the same content as the above A and B.

(Criminal facts of the judgment of the above criminal case and the list of separate crimes indicated to the effect that the above crime was committed in collusion with Defendant C, B, false lessees, and lessors, but Defendant D, a lessor, is not the above criminal case, but also does not contain specific contents of the lessor’s participation in the above fraud crime).

On July 12, 2013, the Korean bank concluded a credit guarantee agreement on behalf of the Plaintiff on behalf of the Plaintiff, setting the guaranteed principal amount of KRW 45 million with Defendant A, and entered into a credit guarantee agreement with Defendant A on the employee loan obligation to the Korean bank.

E. The plaintiff thereafter is the defendant.

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