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(영문) 서울중앙지방법원 2017.05.31 2016나57559
손해배상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The facts related to B, C, and D (hereinafter “B, etc.”)’s joint tort B, etc. are as follows: (a) D was not a H employee; and (b) the Defendant, the wife of B, leased KRW 5,000,00 of the 1st unit 103 unit of the Incheon Nam-gu I building (hereinafter “instant real estate”) from the Defendant, which was the wife of B, for KRW 55,00,00,00; (c) F prepared a false employment certificate, etc. that D is a H employee; (d) D, B, and B, around April 12, 201, at the K Licensed Real Estate Agent Office located in the Nam-gu Incheon Metropolitan CityJ, Incheon, under the name of the Defendant, the wife of D, as if D borrowed KRW 103 unit of the 103 unit of the 1,500,000,000 from its wife, the Plaintiff entered into a false employment contract (hereinafter “the instant lease contract”).

On April 201, D submitted the instant false lease contract, false employment certificate, etc. to the employee in charge of lending at the Plaintiff's new path branch located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, and D applied for loans as if they were used as deposit money.

B. On April 22, 2011, the Plaintiff, including the Plaintiff’s loan, entered into a contract with D to lend KRW 38,000,000 to the Defendant’s account on April 22, 2013 due date. On the same day, the Plaintiff deposited KRW 38,00,000 to the Defendant’s account.

After that, D lost a benefit due to the above loans, among the base loans on November 5, 2015, the total of KRW 1,956,900, interest KRW 2,434,255, etc. among the base loans remains 4,391,155.

C. B, etc. of criminal conviction B, etc.

On November 26, 2014, the facts charged that the Plaintiff acquired KRW 38,00,000 from the Plaintiff were found guilty on November 26, 2014, under which the judgment became final and conclusive around that time.

【Reasons for Recognition】

2. The plaintiff.

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