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(영문) 수원지방법원안산지원 2019.05.17 2018가단56544
손해배상(기)
Text

1. Defendant A, B, C, and D jointly share KRW 68,206,742 to the Plaintiff and Defendant A from May 19, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant A, B, C, and D decided to obtain a worker’s full-time housing loan in collusion with Nonparty F.

Accordingly, on May 22, 2014, F entered into a housing finance credit guarantee agreement with the Plaintiff on May 23, 2016, setting the term of guarantee as KRW 69,30,000 of the principal of the guarantee and the term of guarantee, and received the letter of credit guarantee.

B. On May 22, 2014, the F provided the credit guarantee statement under the preceding paragraph to the G Bank as security, and provided false employment certificate, lease contract, etc. to the G Bank, thereby obtaining a loan of KRW 77 million from the G Bank to obtain a full-time employee loan from the G Bank.

C. Since then, F was unable to repay the above loans, the Plaintiff subrogated to G Bank for KRW 68,206,742 in total as the principal and interest of loans, etc. on May 18, 2016.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 10 evidence (including each number), the purport of the whole pleadings

2. According to the facts of the above recognition of the claims against Defendant A, B, C, and D, Defendant A, B, C, and D are jointly obligated to pay jointly the Plaintiff KRW 68,206,742 as well as damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from May 19, 2016, the day following the Plaintiff’s subrogation date, until November 5, 2018, Defendant B, until May 10, 2018, Defendant C, until May 24, 2018, Defendant C, until July 24, 2018, Defendant D, until July 24, 2018, and from the next day to the day of full payment.

3. Claim against Defendant E

A. On October 20, 201, Defendant A and E reported their marriage on October 20, 201, and filed a divorce lawsuit [the main lawsuit of the family court in the orchard 2016ddan3420, 2018ddan30741 (Counterclaim)]. The above court rendered a judgment that “Defendant A and E shall proceed to divorce” on May 29, 2018. Although Defendant A appealed, the appellate court (U.S. Family Court 2018Reu1860) dismissed Defendant A’s appeal on March 27, 2019, and the judgment of the above appellate court became final and conclusive around November 2, 2011.

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