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(영문) 서울중앙지방법원 2015.01.15 2013가단92086
수표금
Text

1. The Defendant’s KRW 706,906,026 as well as the Plaintiff’s annual rate of KRW 6% from August 2, 2011 to April 19, 2013, and April 20, 2013.

Reasons

1. Facts of recognition;

A. The Defendant (it is a legal entity in which the credit business sector of the NAF was separated and newly established; hereinafter the Defendant’s establishment includes the NAF) entrusted the loan recruitment business to the NAF Co., Ltd. from September 2005.

Around July 7, 2010, UNMF Co., Ltd. entered into an entrustment contract with A to allow A to engage in loan solicitation business entrusted by the Defendant.

B. When concluding a loan agreement with an applicant for a housing loan, the Defendant agreed to repay the existing intermediate payment loan obligations of the applicant for a loan with the loan, and was delegated by the applicant for the loan with the authority to repay the above loan obligations.

The defendant had the United Nations M&D Co., Ltd. act on behalf of the defendant for the repayment of the above loan obligations.

C. On July 29, 2011, the Defendant issued seven cashier’s checks (one thousand,286,063,058 won in total) with loans to seven applicants for loans, and ordered each applicant to repay the existing bank loan obligations with each of the above cashier’s checks. D.

A, without complying with the above instructions, three copies of the above cashier's checks (amounted to 197,10,125 won, check number B, amounted to 206,327,548 won, check number C, amounted to 195,719,359 won, check number D) were deposited into his own new bank account at the North Korean branch of the NAF, the NAF, the NAF, and the NAF.

A transferred KRW 180,000,000 to the Defendant’s account of the lending debtor on July 30, 201 and July 31, 2011, at the cash payment period located in the branch office of the Defendant’s private branch, A withdrawn 20,000 won cashier’s checks ( check number E, E, F, G, H, I, J, K, K, M, M, P, P, Q, Q, S, T, T, U, V, W, and X) of the Defendant’s issuance.

E. A does not deposit a cashier’s check issued by the Defendant on July 31, 201 and August 1, 201.

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