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(영문) 서울중앙지방법원 2018.11.15 2018가단5027433
손해배상(기)
Text

1. The Defendants jointly share KRW 127,523,461 with the Plaintiff, as well as KRW 127,048,446, as to KRW 127,048,446, from August 12, 2017 to August 23, 2018.

Reasons

1. Basic facts

A. Defendant C, D, E, etc. offered a loan to a commercial bank, including the National Bank of Korea (hereinafter “National Bank”), to stabilize the housing of homeless workers, with the knowledge that the loan is made at a rate lower than that of the city by using a false lease contract with the knowledge that the loan is made at a rate lower than that of the city through a formal examination if only certain documents such as employment certificate, etc., such as a pre-lease contract, and that the loan is made at a rate lower than that of the city, and then, Defendant B and the lessee who will take care of the lessor.

B. Accordingly, around November 23, 2016, the Defendants conspired to prepare a false lease contract stating that the F building 101, 501, Dong 101, Dong 101, Dong 501, Dong-gu, Seoul, Defendant B shall be leased deposit money of KRW 340 million to Defendant A from December 3, 2016 to December 2, 2018. On November 25, 2016, the Defendants filed an application for a loan of KRW 160 million with the submission of a false certificate of employment, etc. at the National Bank Cancer branch.

C. Meanwhile, on December 1, 2016, as an institution entrusted with the Plaintiff’s business, a national bank entered into a housing credit guarantee agreement with the Defendant with the purport that the Plaintiff guarantees the Plaintiff’s obligation for the pre-paid loan from the national bank, including the principal guaranteed, KRW 144 million, and the guarantee period from December 1, 2016 to December 1, 2018, and issued a credit guarantee certificate to the national bank.

On December 2, 2016, the National Bank provided loans to Defendant A for a period of KRW 160,000,000,000 for housing funds as security.

E. As above, the Defendants received a loan from a national bank, and then did not repay it, the national bank demanded the Plaintiff to discharge the guaranteed obligation. Accordingly, on August 11, 2017, the Plaintiff paid to the national bank the principal and interest of the loan within the guarantee limit and performed the guaranteed obligation by paying the amount of KRW 146,446,815.

F. The Defendants are as above.

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