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(영문) 서울서부지방법원 2017.06.08 2016가단23208
대여금
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from January 29, 2015 to September 23, 2016.

Reasons

1. Determination as to the cause of claim

A. The Defendant, on January 21, 2015, submitted the necessary documents, such as the lease agreement and the certified copy and abstract of resident registration cards, certificate of personal seal impression, certificate of tax payment, certificate of income, etc., on which he/she leases “Seoul Eunpyeong-gu 402,” from D, the owner of which, on January 21, 2015, the Defendant directly submitted the Plaintiff (the same shall apply to the E-credit union before the merger; hereinafter the same shall apply).

(2) On January 29, 2015, the Plaintiff applied for a loan of housing funds to the Defendant’s account under the name of the Defendant by implementing a loan of KRW 100,000,000 to the Defendant.

3) However, in fact, the above lease contract was made in a false manner, and the defendant did not intend to use the loan as a security deposit even if the loan was received from the plaintiff because it did not lease the house stated in the contract. 4) The above loan was made by inviting the nominal lender, who is the plaintiff's employee, through the lending policy of lending the name, such as H, and through the lending of the name, the defendant et al., led by the F (head) and G (general), etc., who is the plaintiff's employee, and then recruited the nominal lender, such as the defendant et al. through the lending of the name, and then the false lessee's application for each loan was made by preparing the internal document

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers, if any) and the purport of the whole pleadings

B. The establishment of a joint tort under Article 760 of the Civil Act, which causes damage to another person by multiple persons, does not require a public invitation or a joint perception among the actors, and is sufficient if the act is jointly related to the act, and is liable to compensate for the damage caused by the pertinent joint act.

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