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(영문) 인천지방법원 2015.10.20 2015가단206835
손해배상(기)
Text

1. The Plaintiff:

A. As to KRW 48,925,277 and KRW 46,871,322 among Defendant A, Defendant A, from August 8, 2012 to November 30, 2012.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by comprehensively taking into account the whole purport of the pleadings as stated in Gap evidence 1 to 14, evidence 16, and evidence 15-1 to 6.

Defendant C, who is difficult to borrow a financial institution in a normal way, conspired to obtain loan from a financial institution for lease on a deposit basis by preparing a false-use document and a false house lease contract. On January 14, 201, Defendant C, the wife of Defendant C, the wife of Defendant C, set Defendant B, to use Defendant B’s D apartment 102 Dong 304 (hereinafter “instant apartment”) for the loan fraud of the lease on a deposit basis.

B. On January 14, 201, Defendant C entered into a false lease agreement (Evidence A; hereinafter “instant lease agreement”) (Evidence A; hereinafter “instant lease agreement”) under the name of Defendant B stating that “Defendant B, a lessee, has leased the instant apartment complex to Defendant A by setting the lease deposit amount of KRW 110,00,000,00, and from January 28, 201 to January 27, 2013, Defendant C received KRW 11,00,000 from Defendant A as the down payment” (Evidence A; hereinafter “instant lease agreement”) and “Defendant A received KRW 18,00,000 from Defendant A” (Evidence A). around January 28, 2011, Defendant A submitted the instant lease agreement, etc. upon applying for a loan of money for lease to the Bank.

C. Around January 28, 2011, Korea Bank, a business entrusted by the Plaintiff, bears the burden of Defendant A with Defendant A, and Defendant A with Korea Bank.

The Defendant A entered into a housing finance credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with the term of January 28, 2013 of the guaranteed principal of the guaranteed principal (90% of the guaranteed principal) and the term of guarantee as of January 28, 2013. According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A shall pay the amount paid for the performance of the guaranteed obligation, damages for delay, and all other incidental expenses, and the rate of damages for delay shall be paid.

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