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1. The plaintiff
A. As to KRW 41,603,161 and KRW 39,827,192 among Defendant A, Defendant A, from August 25, 2012 to November 30, 2012.
Reasons
1. Facts of recognition;
A. On May 14, 2010, Defendant A prepared a lease contract (a certificate No. 6; hereinafter “instant lease contract”) under which the lease deposit amount is set at KRW 75 million from June 9, 2010 to June 8, 2012 with respect to the building D (hereinafter “instant house”) owned by Defendant B and Defendant B, and the lease contract (hereinafter “instant lease contract”) with the contents that the lease is leased from June 9, 2010 to June 8, 2012. On June 4, 2010, Defendant A submitted the instant lease contract to Korea Bank (hereinafter “Korea Bank”).
B. On June 16, 2010, our bank, which was entrusted with a housing finance credit guarantee business by the Plaintiff, concluded a housing finance credit guarantee agreement with the term from June 16, 2010 to June 18, 2012 in order to secure a loan for a full-time loan to Defendant A and Defendant A, and issued a housing finance credit guarantee agreement with the term from June 16, 2010 to June 18, 2012.
C. On June 16, 2010, our bank lent a loan of KRW 50 million to Defendant A as security the said house credit guarantee certificate to Defendant A, and immediately remitted the said loan to Defendant B’s bank account as a lessor’s deposit for lease deposit.
Since then, as Defendant A lost the benefit of the time limit for the above loan, the Bank sought to discharge the guaranteed obligation under the above Housing Finance Credit Guarantee Agreement to the Plaintiff, and accordingly, the Plaintiff paid 46,839,450 won to the Bank on August 24, 2012 (=the guaranteed principal amount of KRW 45 million).
E. However, the application for the loan of the deposit money of this case was made with the intent of the Defendants to defraud the loan by deceiving the lending institution (hereinafter “illegal act of this case”); Defendant B, in collusion with Defendant C, A, etc. on May 14, 2014, submitted a false lease contract, etc. on the instant house in collusion with Defendant C, A, etc. to submit a false lease contract, etc.