beta
Text
1. The Defendant: 289,041,280 won to the Plaintiff, and 5.2% per annum from May 30, 2018 to September 11, 2018; and
Reasons
1. Basic facts
A. As a person operating a "D" as a person operating a construction business, if the funds for operating a building business are insufficient and the real estate is acquired or borrowed under his own name, it is anticipated that the loan limit system would be obtained or disadvantage such as heavy taxation would be given to the financial institution by purchasing real estate, such as a building, etc. under the name of relative persons, and then providing it as a security and requesting F to apply for a loan to the financial institution by reducing the deposit money for the lease of the building, etc. from the constructor interest and E brokerage office, and F, upon receiving the fee for each loan transaction, requested F to submit to the financial institution for the loan by forging the lease contract under the name of the lessee or by lowering the deposit money.
B. Accordingly, on March 30, 2015, C and F (hereinafter “C, etc.”) purchased buildings listed in the separate sheet (hereinafter “instant building”) in the Defendant’s name. On the same day, upon C, etc.’s request, the Defendant directly prepared a loan transaction agreement with the Plaintiff, providing the instant building as security and receiving KRW 500 million loans in an annual interest rate of 5.2%.
(hereinafter “instant loan agreement”). C.
Meanwhile, at the time of the loan agreement, C et al. submitted to G, who is an employee of the Plaintiff at the time of the agreement on the loan agreement, a false sheet to the effect that “the sum of deposit money for the lease of the building of this case is KRW 14 million” and obtained a judgment of conviction on the criminal facts such as the loan agreement, and C et al. appealed appealed on the judgment of conviction on the criminal facts related to the loan agreement of this case. The appeal by C et al. was dismissed on September 13, 2018 and the above judgment became final and conclusive as it is.
The plaintiff is the defendant as the debtor.