logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.28 2015가단5348177
구상금 및 손해배상(기) 등
Text

1.(a)

Defendant A’s KRW 50,833,254 as well as the Plaintiff’s KRW 12% per annum from July 30, 2014 to August 31, 2015.

Reasons

Facts of recognition

On October 25, 2012, Defendant A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff with a credit guarantee amount of KRW 49.5 million and the credit guarantee period until October 26, 2014, in order to obtain a loan for house lease fund from a new bank corporation (hereinafter “new bank”), and was issued a written credit guarantee agreement.

The rate of delay damages determined by the Plaintiff shall be 12% per annum from the above agreement date to August 31, 2015, and 8% per annum from the next day to the date.

On October 26, 2012, Defendant A obtained a loan of KRW 55 million from the new bank in the house lease loan of D apartment 206 dong 1202 (hereinafter “instant apartment”) at the Namyang-si, Namyang-si as collateral for the credit guarantee letter from the new bank.

On July 30, 2014, the Plaintiff subrogated to the new bank totaling KRW 50,869,454 on the remaining principal and interest of the loan, and collected KRW 36,200 on the same day and recovered KRW 50,833,254 on the same day.

The defendant C's loan fraud of the house lease fund is a loan hub which makes the loan of the house lease fund by using the false house lease contract and the documents related to the false employment.

The Defendants: (a) Defendant A performed the act of false lessee of the instant apartment; and (b) Defendant B conspired to obtain a lease loan from the new bank by taking advantage of the fraudulent lessor of the instant apartment; and (c) obtained a lease loan from the new bank.

The Defendants, around October 19, 2012, prepared an apartment charter agreement with the F Licensed Real Estate Agent Office located in Nam-si, Namyang-si, Namyang-si, stating that Defendant A and Defendant B entered into an apartment charter agreement with respect to the instant apartment with the content of falsity as if they entered into an actual charter agreement.

The Defendants, as seen above, shall use the false apartment charter contract and the false certificate of employment issued in the name of a disguised company G as if Defendant A actually worked as an employee, detailed statement of wages, and income tax withholding certificate, and other false documents related to the previous employment.

arrow