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(영문) 서울중앙지방법원 2016.09.21 2015가단5349705
구상금등
Text

1. Defendants A, C, D, and E jointly share KRW 65,492,120 for the Plaintiff and their related thereto from April 16, 2014 to February 26, 2016.

Reasons

1. Facts of recognition;

A. Defendant A, C, D, and E made a false employment-related document, lease contract, etc. under the name of Defendant A, which is difficult to borrow a financial institution through normal means, and made a false employment-related document, lease contract, etc. to receive and divide the employee house lease loan. 2) Defendant C, D, and E drafted a false employment certificate, confirmation of subscription to 4 large-scale insurance subscribers, confirmation of income tax withholding, and Defendant C’s mother with Defendant A about KRW 90,000,000, 105, 301,000,0000,0000,0000 won (hereinafter “instant apartment”), and the false lease contract (hereinafter “instant contract”).

B. 1) Defendant A is the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”) around March 7, 2013 (hereinafter “Korea Bank”).

) As above, the Plaintiff submitted false documents and applied for a loan of full-time employee worth KRW 70 million. On March 15, 2013, the period of guarantee between the Plaintiff and the Plaintiff is KRW 63 million, and the Housing Finance Credit Guarantee Agreement (hereinafter “the instant credit guarantee agreement”) setting the guarantee period by March 16, 2015.

(2) At the time of the Plaintiff’s performance of the guaranteed obligation, Defendant A agreed to pay the amount of performance and damages for delay, guarantee fee, penalty, etc. in proportion thereto as determined by the Plaintiff, and to pay the insurance premium paid on behalf of the Plaintiff and expenses incurred in the legal procedure. The rate of damages determined by the Plaintiff is 12% per annum.

C. On March 15, 2013, 1 Korea Bank, including the execution of loans and the occurrence of indemnity, etc., is Defendant B, a lessor, the lessor, by executing the Plaintiff’s certificate of issuance of a housing credit guarantee issued pursuant to the instant credit guarantee agreement, with the Defendant A’s loan of full-time employee loans as security.

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