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1. The Defendants jointly committed against the Plaintiff as to KRW 36,956,142 and KRW 36,732,039 among them, from December 12, 2018.
Reasons
1. Facts of recognition;
A. On October 30, 2015, Defendant A entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement in this case”) with a view to securing the principal and interest of the loan borrowed from D Co., Ltd. (hereinafter referred to as “D”), and with a view to obtaining the loan from D and Defendant A, a business entrusted by the Plaintiff, as the principal of the guarantee principal, the amount of KRW 90,000,000 out of the amount that Defendant A obtained from D, a business entrusted by the Plaintiff, and the term of the guarantee was changed from October 30, 2015 to October 30, 2017 (hereinafter referred to as “the term of the guarantee agreement in this case”). On the same day, Defendant A was issued a housing credit guarantee agreement.
B. (1) Defendant A borrowed KRW 100,000,000 from Housing and Urban Fund as security on October 30, 2015, but lost the benefit due to the delay in the principal and interest of loan, etc. on May 14, 2018, and D claimed the Plaintiff to discharge the guaranteed obligation. (2) The Plaintiff subrogated for KRW 47,041,749 to D on December 11, 2018.
C. On October 27, 2015, Defendant A submitted a real estate lease agreement and related documents issued under the name of the Defendant C, a representative G, to D and obtained a loan as collateral from the Housing and Urban Fund by means of the said credit guarantee agreement, although Defendant A did not intend to use the loan as a deposit, in sequence with the Defendants, and acquired the amount of the loan by fraud using the loan amount by using the lease contract prepared falsely to enable the Defendant C to use the loan amount.
Defendant A’s partial repayment, etc. 1) The Plaintiff collected KRW 89,710 and KRW 10,250,000 in total from Defendant A’s repayment, respectively, for the principal of the subrogated payment. As a result, the remainder of the subrogated payment is KRW 36,732,039 (=47.).