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1. The Defendant jointly with C, as to KRW 58,790,360, and its amount, shall be the year from June 20, 2015 to October 22, 2019.
Reasons
1. Determination as to the cause of claim
(a) Facts under recognition may be found either in dispute between the parties or in addition to the whole purport of the pleadings in each entry of Gap 1 to 17, and Eul 6.
1) On October 25, 2013, the Plaintiff entered into a credit guarantee agreement with C on the premise that a loan subject to a guarantee as a purpose of a housing fund, such as a deposit money, is utilized, with the content that the guaranteed principal is KRW 56,700,000, and the guarantee period is from October 25, 2013 to October 25, 2015 (hereinafter “instant credit guarantee agreement”).
C) A. Based on the instant credit guarantee agreement, C was issued a housing finance credit guarantee certificate from the Plaintiff, and was secured on October 25, 2013 (hereinafter “D”).
(B)A loan agreement between D and D under which a loan of KRW 63,000,000 is to be made (hereinafter referred to as “instant loan agreement”) for the purpose of a deposit of money.
(2) On October 16, 2013, the Defendant and C drafted a false lease agreement (hereinafter “instant lease agreement”) stating that C shall set the term of lease deposit KRW 90 million and the term of lease from October 16, 2013 to October 15, 2015, with the intention of deceiving the loan for the purpose of using the purpose of using the loan for housing funds provided as security by the Plaintiff.
C In fact, even though the Defendant did not enter into a valid lease agreement on the instant housing, C applied for a loan to pay deposit money under the instant lease agreement based on the instant lease agreement, and the instant loan agreement was concluded upon the application for the loan.
3 On October 25, 2013, D deposited 63,000,000 won of the loan principal under the loan agreement of this case into a financial account under the name of the defendant.
After that, the defendant withdraws the above principal of the loan, and KRW 5,000,000 among them is the defendant's share.