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(영문) 서울중앙지방법원 2017.02.07 2015가단5113074
구상금 등
Text

1. The Plaintiff:

A. As to KRW 38,293,922 and KRW 37,192,756 among the Defendant A, Defendant A shall be from November 15, 201 to November 30, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a housing finance credit guarantee agreement with Defendant A (hereinafter “instant guarantee agreement”) in order to secure the obligation to repay the principal and interest of loan to Defendant A’s non-party bank.

B. On January 29, 2010, Defendant A borrowed KRW 45,000,000 for full-time employee loan from the Bank (hereinafter “instant loan”). Under the instant guarantee agreement, the Plaintiff issued a credit guarantee certificate by setting the deposit amount of KRW 40,500,000, and the term of guarantee by January 30, 2012.

C. On March 21, 2011, Defendant A lost the benefit of time for the obligation of the above loan to a natural body, and Defendant A was unable to repay the loan. The Plaintiff subrogated to the Bank for KRW 42,043,420 on November 14, 201.

The Plaintiff collected a part of the amount on September 4, 2013 and collected it in KRW 37,192,756, and the amount of the subrogated payment was 1,101,166, and the amount of damages for delay was 1,166. The rate of damages for delay is 15% per annum from November 15, 201 to November 30, 201, and 12% per annum from December 1, 2012.

E. On the other hand, around January 2010, Defendant B and C offered a false certificate of employment under the name of Defendant E with the content that Defendant A is in office, and Defendant B and C offered a false certificate of employment to the “I” as the representative of Defendant E, upon request of Defendant B and C to introduce a person who will lend the name of the lessor of the housing lease contract on the condition of payment from Defendant B and C, and the Defendant G accepted it.

F. Defendant B and C, along with Defendant A, lent the name of the lessor at the K Licensed Real Estate Agent Office located in Dobong-gu Seoul Metropolitan Government, to Defendant G, which was named as “Deposit 70 million won, lessee A, and lessor H” under the implied consent of Defendant H, who is the husband of his women.

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