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(영문) 서울중앙지방법원 2016.06.09 2015가단5079556
손해배상(기)
Text

1. The Plaintiff:

A. Defendant F, G, within the scope of the property inherited from the deceased H, KRW 22,911,04 and KRW 22.3

Reasons

1. Facts of recognition;

A. Defendant A, B, C, D, and E in collusion with the network H on December 3, 2010, committed a crime by deceiving KRW 49,00,00 from the Bank of Korea (hereinafter “Korea Bank”) under the name of the employee house lease loan loan, and due to the above criminal act on November 6, 2014, Defendant A was sentenced to a fine of KRW 5,00,000,000, and Defendant B and C was sentenced to a fine of KRW 6 months, respectively. The specific criminal facts of the above Defendants and the network H are as stated in the separate criminal facts.

B. As above, with respect to the acquisition by fraud of the amount of loans from our bank by the network H, the network H entered into a credit guarantee agreement with the Plaintiff at KRW 44,100,000 on December 3, 2010, setting the guaranteed principal as KRW 44,100,00, and the Plaintiff issued the network H a housing credit guarantee agreement to the bank in accordance with the said agreement.

C. After that, as the network H, the borrower, was not repaid the principal and interest of the loan, the bank requested the Plaintiff to pay a security deposit based on the credit guarantee agreement. On June 19, 2012, the Plaintiff paid 44,100,000, interest 1,841,320, totaling KRW 45,941,320, and collected 695,625, out of the amount from the network H.

As of December 8, 2014, the amount of debt, such as the remaining amount of indemnity against the Plaintiff of the deceased H, is KRW 45,822,088 [the amount of debt 45,245,695 (the amount of security deposit - KRW 45,941,320 (the amount of security deposit - KRW 695,625)].

E. The network H died on January 6, 2013, and Defendant F and G inherited the net H’s liability for reimbursement due to the respective inheritance shares of 1/2 as the parents of the network H.

On the other hand, Defendant F and G reported to the Seoul Family Court 2015-Ma5878 regarding the deceased H’s inherited property. On November 9, 2015, the said court rendered a judgment to accept a report on the inheritance-limited approval of the said Defendants.

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