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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the payment order shall be revoked.
Reasons
1. The occurrence of claim for damages caused by a tort;
A. The Plaintiff asserted that the Defendants conspired to enter into a lease agreement and concluded a false lease agreement for the purpose of reducing the loans by deceiving the Plaintiff, and received a lease agreement from the Plaintiff by deceiving the Plaintiff by means of false move-in report. Therefore, the Defendants jointly asserted that the Plaintiff is liable to compensate the Plaintiff for damages caused by tort.
As to this, Defendant A did not gain any profit by receiving a loan from the Plaintiff and transferring it to Defendant B, and there was no collusion with E, the principal offender of the fraud, etc., and Defendant A did not claim that the Plaintiff did not bear any liability for damages caused by the tort.
In addition, Defendant B was entrusted with only one apartment bond in his name to E, and E prepared a false lease contract on the apartment house, and he did not claim that he did not prepare a false lease contract with Defendant A on that apartment.
B. In collusion with G, etc., Defendant B or E prepared a false lease agreement, etc. with Defendant B, on the ground that G et al. did not lease the instant apartment, and submitted it to a financial institution to obtain a loan from the financial institution for a rent-on loan and acquired it by using it for the same method and purpose, around July 201, Defendant A as a lessee, in collusion with G, etc., and as to Defendant B’s title trust (hereinafter “instant apartment”).
Although Defendant A did not intend to rent the apartment of this case, Defendant A wishes to prepare a false lease contract with the party who requested to prepare the above false lease contract from the party-friendly G by requesting him to do so.