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1. The Defendant’s KRW 95,743,272 as well as the Plaintiff’s annual rate of KRW 5% from November 27, 2014 to July 11, 2017.
Reasons
1. Facts of recognition;
A. On November 26, 2014, the Defendant submitted necessary documents, such as a lease contract, resident registration card copy and abstract, certificate of personal seal impression, certificate of tax payment, etc. stating that he/she rents the lease deposit amount of KRW 150 million from C, the owner of Eunpyeong-gu Seoul (Seoul) B 401, the Defendant himself/herself, and submitted to the Plaintiff directly (hereinafter “the instant loan”).
B) The Plaintiff filed an application. (B) On November 27, 2014, the Plaintiff believed that the above lease contract was genuine, and then remitted KRW 105,00,000 to the Defendant’s account. (c) However, the above lease contract was made by falsity, and the Defendant did not intend to use the loan as the lease deposit even if the loan was granted by the Plaintiff on the ground that it did not lease the house specified in the contract. (d) The instant loan was made by the Plaintiff’s employees, led by D and E, etc., to recruit the nominal lender to conduct as the lessee such as the Defendant, etc. through the solicitation of the nominal lender, and then, as the application for each loan was made normally, by preparing internal documents as if the application for each loan was made by the Plaintiff’s employees, and by inviting the Plaintiff to implement the loan by crediting the Plaintiff’s approval to the president. [Grounds for recognition] There was no dispute over the fact that the loan was made without any dispute, and the evidence Nos. 1 through 10 (a) of this case.
(hereinafter the same shall apply)
each entry, the purport of the whole pleading
2. Determination as to the cause of action
A. The establishment of a joint tort under Article 760 of the Civil Act, which causes damage to another person jointly, does not require a public invitation or a joint perception among the actors. The joint tort is sufficient if the act is involved objectively, and is liable to compensate for the damage caused by the pertinent joint act.