1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. In operating C Co., Ltd. (hereinafter “Nonindicted Company”), the Defendant, for the purpose of raising funds, received a loan from a bank, such as intermediate payments, etc., by means of false payment, with the intent of raising funds. On October 15, 2003, the fact at the bottom of the branch office of Korea, Dong-dong, Busan, was not the actual purchase of D apartment 1009, the Defendant acquired a credit guarantee certificate and a down payment, accompanied by a sales contract, receipt of down payment, etc., with a false content, from the employees in charge of the said bank, and acquired the money from the said employees in charge of the said bank to receive KRW 70 million under the pretext of intermediate payment as an intermediate payment from the non-party company’s account as an intermediate payment.

B. The defendant is the above A.

On November 25, 2005, Busan District Court Decision 2004Gohap263, 283(combined) rendered a judgment of conviction due to the facts constituting the crime (hereinafter “instant tort”), such as the same as the same crime (hereinafter “instant tort”).

[Reasons for Recognition] The entry of Gap evidence No. 13 and the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant: (a) obtained loans of KRW 70 million in the name of the Plaintiff from the lower bank branch at the bottom of Korea Bank, the main bank of the Defendant, which is the Plaintiff’s main bank, to ensure that the Plaintiff can continuously supply the internal decorations receipt to the Nonparty Company; and (b) paid loans of up to three months at the face of a week, thereby preventing damage to the Plaintiff.

The plaintiff believed this end, signed and sealed a false contract for sale in lots, and thereafter the loan was received by the defendant. Since then, the defendant's failure to repay the loan, thereby causing damage to the plaintiff's housing subject to compulsory execution to the bank. The plaintiff is seeking compensation to the defendant for damages of KRW 4,489,501.

3. The judgment was examined, and the Plaintiff submitted.