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1. The Plaintiff:
A. As to KRW 61,579,993 and KRW 59,261,601 among them, Defendant A shall have from April 26, 2014 to August 31, 2015.
Reasons
1. Facts of recognition;
A. On February 15, 2013, one bank entrusted with the Plaintiff’s duties 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 loans to Defendant A.
B. On February 15, 2013, Defendant C obtained a loan of KRW 70,00,000 for the National Housing Lease Fund from the Han Bank (hereinafter “instant loan”). To this end, the Plaintiff issued to Han Bank a credit guarantee certificate with the guarantee period of KRW 63,00,000 (the amount equivalent to 90% of the principal of the instant loan) based on the instant guarantee agreement and the guarantee period of February 14, 2015.
C. Defendant A, as a false tenant, used the fact that the loan of money for lease on a house operated by the Plaintiff from the National Housing Fund with the financial resources of the National Housing Fund, and the loan of money for lease on a house operated by the Plaintiff is made only without due diligence, and Defendant A played a role of giving a false certificate of employment to Defendant A. Defendant A plays a false tenant, and Defendant B conspired to acquire the money for lease on a house from the victim bank by taking a false lessor’s role as a fraudulent lessor.
D. On January 30, 2013, 2013, Bracker Co., Ltd. falsely prepared a false lease agreement with Defendant A stating that “Defendant A leases D apartment units No. 201, 606, from Defendant B, at the time of Namyang-si owned by Defendant B, the apartment units No. 201, 606, from Defendant B, shall be leased from Defendant B.”
Defendant A issued to Han Bank around February 15, 2013, and applied for a loan of the National Housing Lease Fund to workers, and the same shall apply for the loan of the National Housing Lease Fund.
As described in subsection (b), I bank transferred 70,000,000 won of the instant loan from one bank to the Defendant B’s account.
Defendant B, on June 10, 2015, fraudulently acquired the instant loans.