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(영문) 서울중앙지방법원 2016.06.03 2015가단200935
손해배상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B, in collusion with C, etc. on April 22, 2015, as a lessor, the Defendant, the mother of B, was the lessor, prepared a false lease agreement with C as lessee, and applied for a loan of the lease fund to Korea Bank Co., Ltd. (hereinafter “Korea Bank”), and submitted the above forged lease agreement under the name of the Defendant.

B. On May 13, 2015, our bank believed that the above lease contract was genuine, and deposited KRW 100,000,000 for the loan to the agricultural bank account in the name of the defendant.

C. Meanwhile, the Plaintiff concluded a credit guarantee agreement with C on the above loan obligations.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1, 2, Eul evidence No. 4, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the Defendant: (a) confirmed the fact that the Plaintiff entered into a lease agreement with the Korean bank so that C may obtain a loan from the Korean bank; and (b) made the proceeds of crime through his account by not properly managing his passbook, seal, etc. and by allowing C to distribute the proceeds of crime through his account; and (c) therefore, the

(B) (B) the Plaintiff’s assertion on behalf of the Plaintiff in accordance with the above credit guarantee agreement and on behalf of the Bank’s damage claim.

Judgment

1) Each of the evidence No. 8-2, No. 10, and No. 11 are insufficient to recognize that the Defendant directly confirmed the fact that he/she entered into a lease agreement with our bank or distributed a loan deposited into his/her own account. Since there is no other evidence to acknowledge it, the Plaintiff’s assertion that the Defendant directly participated in the above tort is rejected. 2) In order to impose liability for joint tort as an negligent aiding and abetting, the aiding and abetting act and the victim’s damage caused by the tort.

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