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1. The Defendant’s KRW 251,520,269 as well as 5% per annum from April 20, 2016 to August 23, 2017.
Reasons
1. Facts of recognition;
A. On January 15, 2015, the Defendant filed an application for a direct lease loan with the Plaintiff (hereinafter the same) by submitting necessary documents, such as the lease contract, resident registration, copy and abstract of resident registration, certificate of personal seal impression, certificate of family relations, certificate of tax payment, etc., stating that he/she leased the “Seoul Eunpyeong-gu B Apartment 106, 402” from C, the owner of which was the owner of the lease deposit in KRW 340 million.
(A) The defendant denies the submission of the above charter contract, but it can be sufficiently recognized by taking account of the contents in Eul 1-12 and the whole purport of arguments, and even according to all counter-proofs of the defendant, it is insufficient to reverse the above fact-finding).
On January 19, 2015, the Plaintiff believed that the said lease contract was genuine, and carried out a loan of KRW 2550 million to the Defendant (hereinafter “instant loan”) to transfer the loan to the Defendant’s account in the name of the Defendant.
C. However, in fact, the instant loan was a result of the Plaintiff’s recruitment of the name holder D et al. with the false lessee, such as the Defendant, and the Plaintiff’s employees E et al. conspired to prepare internal documents as if the application was made for normal loan, and to execute the loan by obtaining approval from the Plaintiff president.
The above lease contract was made falsely, and the defendant did not rent apartment houses as stated in the above lease contract, and even if the loan was received from the plaintiff, it was thought to pay it to the above E, etc. without the intention to use it as the lease deposit, and there was no intention or ability to pay the principal and interest of the loan.
E. On January 19, 2015, the Defendant received KRW 4 million in return for the name lending from D.
[Ground of recognition] A without any dispute, A (including a branch number; hereinafter the same shall apply) through 10, and B 1-12, the defendant shall be present at the Seoul Western District Prosecutors' Office on August 30, 2016, and shall be the volume of F of the Prosecutor's Office.