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(영문) 서울중앙지방법원 2017.05.17 2016가단56470
대여금 등
Text

1. The Defendants jointly share KRW 58,901,725 with respect to the Plaintiff and the period from July 13, 2016 to November 23, 2016.

Reasons

Basic Facts

Defendant A entered into a housing credit guarantee agreement with the Plaintiff on June 30, 2010, with the loan of KRW 60,000,000 from the Bank for the lease of KRW 60,000,000 for the apartment house in Yeongdeungpo-gu Seoul, Seoul, and 103 (hereinafter “the apartment house in this case”) owned by Defendant B as the external village of Defendant B, with the entire loan of KRW 54,00,00,000, which is 90,000.

Defendant A obtained 60,000,000 workers' full-time loan from the bank using the housing finance credit guarantee certificate issued by the Plaintiff, and the said loan was deposited directly into the Defendant B’s account, the lessor.

Defendant A failed to pay the principal and interest of the loan to the Bank, and on July 12, 2016, the Plaintiff paid to the Bank a total of KRW 58,901,725 by subrogation for the principal, interest, and expenses.

Defendant A submitted a pre-sale contract on June 10, 201 with respect to the loan of the pre-sale fund to the above employee by our bank. According to the above contract, the pre-sale deposit is KRW 120,000,000, and the pre-sale deposit is KRW 24 months, and the pre-sale deposit is KRW 120,000,000,000 on the date of the contract.

On June 30, 2010, Defendant B deposited KRW 59,614,380 of the above loan from the Bank of Korea on June 30, 2010, and all of the money was remitted to Defendant A on the day and following day, and Defendant A used all of the money as a personal business fund.

From April 22, 2009, Defendant A has been registered as a resident in the instant apartment continuously from September 5, 2008 to January 10, 2012; from May 25, 2012 to May 21, 2014; and from June 22, 2016 to June 22, 2016, Defendant B has registered as a resident in the instant apartment.

Defendant A was prosecuted on December 23, 2016 for the criminal facts that obtained a loan of KRW 60,000,000 from the victim Korean bank and acquired by deception, and Defendant B was also subject to suspension of indictment on the same day.

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