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Reasons
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(영문) 서울중앙지방법원 2016.04.29 2015가단5347112
손해배상(기)
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1. The Defendants jointly share KRW 46,975,060 with respect to the Plaintiff and Defendant A from September 4, 2009 to November 20, 2015.

Reasons

1. Claim against the defendant A;

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against the defendant B

A. The facts of recognition (1) around May 2008, Defendant A, and Defendant B conspired to get a loan of the lease fund by using documents related to the false employment and the lease contract, and then Defendant A prepared a false lease contract with the “lease B, lessee A, and deposit amount of KRW 75 million,” notwithstanding the absence of the fact that Defendant B leased the C Apartment 102 Dong102 Dong, Gangnam-gu, Seoul, Seoul, which was owned by Defendant B. Defendant B signed and sealed the above lease contract.

(2) On June 2008, the Plaintiff entered into a housing finance credit guarantee agreement with Defendant A with the content that the guaranteed principal is KRW 45 million.

(3) On June 2008, Defendant A submitted a false lease agreement, certificate of employment, etc. to Nonparty New Bank Co., Ltd. (hereinafter “New Bank”), and applied for a loan of KRW 50 million, and around June 12, 2008, Defendant A loaned a credit guarantee certificate issued by the Plaintiff to Defendant A as collateral pursuant to the credit guarantee agreement of this case. The said loan was deposited into the account of Defendant B, a lessor of the instant lease agreement.

(4) After that, Defendant A lost the benefit of time on January 13, 2009 as to the obligation of loans, and the Plaintiff on September 4, 2009 paid the principal and interest on the guarantee to a new bank by subrogation of KRW 46,975,060.

(5) Defendant A was indicted for a crime of fraud as Seoul Eastern District Court 201Kadan2337 and was sentenced to conviction on November 30, 201, and Defendant B was indicted for a crime of fraud as Seoul East Eastern District Court 201Kadan1441 and was sentenced to conviction on August 11, 201, and each of the above judgments became final and conclusive.

[Grounds for Recognition: Evidence No. 1 to 15, Evidence No. 1 to 15, Evidence No. 1 to 1, and the purport of whole pleadings]

B. (1) Determination

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