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(영문) 서울중앙지방법원 2015.12.17 2015가단5112828
손해배상(기)
Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 55,796,980 and its KRW 55,796,966 among them, Defendant A shall be from November 11, 2010 to November 30, 2012.

Reasons

1. Facts of recognition;

A. On November 2009, Defendant C conspiredd Defendant A, who is difficult to borrow a financial institution by normal means, by creating a false document related to employment and a false house charter contract, etc., and then, at that time, Defendant E created a document related to employment, which was recorded as an employee, although Defendant A had not worked as an employee in the industry under item (g) of the Co., Ltd., and requested Defendant E to prepare and deliver the document related to employment, such as a false certificate of employment, etc., to Defendant A, and Defendant E issued it to Defendant C.

B. Around that time, Defendant G consented to the preparation of a false lease agreement in the name of Defendant G, the husband of Defendant G, who was the husband of Defendant G, in order to receive a proposal from Defendant F that he would pay for the lessor of a false lease contract. Defendant C drafted a false lease agreement in which the term “B” was entered as “B, lessor, and lessee A.”

C. After that, on November 2009, Defendant D had been working for the industry under item (g) of Mapo-gu Seoul Metropolitan Government, and issued the aforementioned false documents and lease contract to Defendant A as the new branch of the Victim Enterprise Bank in Mapo-gu. Defendant A applied for a loan of 60 million won to employees in charge of loan in the name of the above bank, while Defendant A applied for a loan of 60 million won to employees in charge of loan of the above bank. In fact, even though he did not intend to rent a house in accordance with the above lease contract and did not actually have worked for the industry under item (g) of the said contract, he submitted the above false lease contract and the related documents.

The Industrial Bank of Korea, as the Plaintiff’s trustee of housing finance credit guarantee business and the lending bank, received the above application for the loan, and on December 28, 2009, Defendant A, and the principal of the surety upon Defendant A’s request for guarantee.

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