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1. The Plaintiff:
A. As to KRW 66,439,178 and KRW 66,060,558 among them, Defendant A shall have jurisdiction over KRW 66,06,58 from August 27, 2013 to August 31, 2015.
Reasons
1. Facts of recognition;
A. On January 2012, Defendant B conspired to have Defendant A, who is difficult to borrow a financial institution in a normal way, along with an influent loan hub, with the documents related to the false employment and false documents related to housing lease, to have the employee house rental fund borrowed in installments.
B. In accordance with the above public offering, Defendant B, etc.: (a) did not have worked as an employee of the “DE”, but made documents related to his/her employment, such as an employee certificate, etc.; and (b) on January 13, 2012, Defendant C entered into an apartment lease agreement (hereinafter “the lease agreement of this case”) with the said apartment with Defendant C, even though it was not thought that he/she would reside in the said apartment by leasing the “Senam-gu Seoul Special Metropolitan City E apartment No. 102 Dong 910 (hereinafter “instant apartment”); (c) on the other hand, Defendant C and the said apartment, the lease period was from January 19, 2012 to January 18, 2014; and (d) concluded the apartment lease agreement with the lessor and the lessee (hereinafter “the lease agreement of this case”).
C. After doing so, Defendant A filed an application for the loan of the employee’s house charter loan amounting to KRW 70 million with the employee in charge of the lending of the National Bank Co., Ltd. (hereinafter “National Bank”), and submitted the employment-based related documents and the charter contract prepared falsely as above.
On the other hand, a national bank, as an institution entrusted with the Plaintiff’s business, entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant A and the Defendant A around January 13, 2012 in order to secure the obligation to provide loans for the employee house leasing loan to the National Bank for the Defendant A, and the term of January 19, 202. The Plaintiff issued a credit guarantee agreement pursuant to the instant credit guarantee agreement on the same day, and the national bank loaned the Defendant A a loan of KRW 70 million for the employee house leasing loan as collateral (hereinafter “the instant fraudulent loan”).
E. Defendant A has a deadline for the foregoing loan obligations around March 4, 2013.