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(영문) 서울중앙지방법원 2016.09.07 2015가단5397933
구상금
Text

1. The Plaintiff:

A. As to KRW 28,061,264 and KRW 28,020,214 among them, Defendant A shall have from June 24, 2015 to August 31, 2015.

Reasons

1. Facts of recognition;

A. On February 23, 2014, Defendant A entered into a credit guarantee agreement with the Plaintiff on the amount of KRW 27 million with respect to the Workers’ Housing Lease Fund to be loaned by the National Bank Co., Ltd. (hereinafter “National Bank”).

Defendant A provides a credit guarantee agreement as security and from the National Bank on March 4, 2014, the following:

C. 3) As seen above, the Workers’ House Lease Fund was loaned KRW 30 million. (b) The Plaintiff, upon Defendant A’s loss of interest due to delinquency, such as the principal, etc., on June 24, 2015, paid the National Bank the total of KRW 28,020,214 of the guaranteed principal and interest KRW 1,700,020,214 by subrogation. (c) The Defendants conspired for fraudulent conduct by the Defendants. (1) Based on the circumstance that the Defendants may easily obtain a loan by submitting relevant documents in office and a housing lease contract to the financial institution entrusted with the business related to the Workers’ House Lease Loan loan, the Plaintiff obtained a loan of the Workers’ House Lease Fund that was entrusted with the business affairs to a commercial bank and conspired to divide them by taking account of the fact that only submission of the documents related to the business affairs related to

2) Defendant F interfered with Defendant A as the nominal owner of the loan application, and Defendant C excluded Defendant B as a lessor. Defendant D and C, etc. were corporations obligated to prepare a false certificate of employment, thereby participating in the G of Defendant E’s operation. Defendant A, while acting as a lessee, performed the role of preparing a false lease contract with the lessor, filing an application for a loan with the bank with the lessor with a false lease contract, certificate of employment, etc., Defendant B played the role of preparing a false lease contract with the lessee around February 23, 2014; Defendant B played the role of the lessor; Defendant B played the role of preparing a false lease contract with the lessee; Defendant B took the role of the National Bank around February 23, 2014; and Defendant A did not have concluded a lease contract; Defendant A did not have worked in the said G; Defendant A did not have a false lease contract; Defendant B and the employees in charge of the bank loan as the lessee.

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