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(영문) 서울동부지방법원 2014.02.18 2011가단84152
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts that have no dispute over a part of the basic facts [based on recognition], entry of evidence of subparagraphs A1, 2, 9, 10, 12, 13, 15, and 16, and the purport of the whole pleadings;

A. The Defendant worked for Samsung Electronic Co., Ltd. from around 2005 to February 1, 2009 as C.

Samsung Electronic Co., Ltd. entered into an agreement from around 2003 to allow Han Bank's Doedong Branch and Samsung Electronic Co., Ltd. to obtain pre-employment credit loans, and the Defendant, as Samsung Electronic Co., Ltd. C, has been performing the duty of notifying the personal information of the pre-employment candidates at the Doedong Branch of Han Bank as to the above credit loans.

On February 2, 2007, the Defendant received a loan from D (the death of April 29, 2010) from D, a high school established, using a loan program for the career employees of Samsung Electronic, and used it as a business fund for the main purpose and used it as the business fund for the loan, and notified the lending title holders to the Telecommunications Bank, which will pay off, as Samsung Electronic Employee would be, to notify them.

On the other hand, around April 2007, the Plaintiff received a test credit loan from the Defendant, who is Samsung Electronic C, to notify the Plaintiff as if he would be Samsung Electronic Employee, at the Doedong Branch of Han Bank, and used the loan by dividing it.

On April 30, 2007, the Plaintiff found one bank E, a person in charge of loan known to D at the Gero 1 branch of Han Bank in Gangnam-gu Seoul, Gangnam-gu, Seoul, and caused a loan to Samsung Electronic Employee. The Plaintiff made a false statement.

However, the plaintiff was not a person scheduled to enter Samsung electronic membership.

The Plaintiff, Defendant, and D conspired in such a manner and by deceiving an employee in charge of loans of one bank, and were loaned KRW 135 million from one bank.

(hereinafter referred to as “the instant illegal loan”). The Defendant and D in collusion with other persons than the Plaintiff and borrowed a total of KRW 1.69 billion over 14 times in the said manner.

B. Subsequent, this case.

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