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(영문) 서울중앙지방법원 2017.07.18 2015가단5344991
손해배상(기)
Text

1. The Plaintiff:

A. As to KRW 33,818,220 among Defendant A and its KRW 35,779,085 and KRW 33,818,220 among them, Defendant A shall be from November 24, 2012 to November 30, 2012.

Reasons

1. Basic facts

A. Although Defendant A and B, along with Defendant D and E, recruited a false lessee and a lessor, and did not have an actual lease relationship, the lessee prepared a false lease agreement with the lessee to move into the leased house owned by the lessor as a whole, and subsequently, the lessee intended to divide the loan by deceiving the financial institution by submitting a false lease agreement with the financial institution while applying for the employee house lease loan loan in the name of the lessee.

Defendant D recruited and arranged the false lessee who is the nominal owner of the loan, and Defendant E made loan documents such as a false lease contract, and Defendant A took charge of the false lessee who is the nominal owner of the loan, and Defendant B took charge of the false lessor’s role.

B. On October 4, 2010, Defendant A and B made a false real estate lease agreement (hereinafter “instant lease agreement”) with Defendant D and E as if Defendant A leased KRW 401 of the 5th floor building located in Nam-gu Incheon Metropolitan City H from Defendant B to KRW 70 million, which was executed at the real estate real estate real estate agent office operated by Defendant C, the Nam-gu Incheon Metropolitan City Real Estate Agent Office (F) around October 4, 201.

C. On October 5, 2010, Defendant A submitted the instant lease agreement, etc. prepared with the Bank of Korea (hereinafter “Korea Bank”) around October 5, 201, and applied for a loan of the lease fund and received KRW 45 million from Defendant B’s account around October 1, 2010.

Around October 11, 2010, the Korean bank concluded a credit guarantee agreement with the Defendant A on behalf of the Plaintiff on behalf of the Plaintiff, setting the guaranteed principal as KRW 40.5 million, and concluded a credit guarantee agreement with the Defendant A on the loan obligations owed by the Defendant A to the Korean bank.

E. The Plaintiff did not pay the principal and interest of the Defendant A, and on November 23, 2012, 42,168.

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