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(영문) 서울중앙지방법원 2015.08.21 2015가단5063094
구상금 등 청구의 소
Text

1. The Plaintiff:

A. As to KRW 50,452,155 and KRW 50,210,443 among them, Defendant A shall have from April 24, 2012 to November 30, 2012.

Reasons

1. Facts of recognition;

A. The Defendants’ tort (1) conspireds to acquire the full-time housing fund by means of falsely submitting documents related to E and F, G, H, I, etc. and the housing charter agreement to a financial institution. Defendant B, while Defendant B, as a result, intended to share the role of recruiting lessors, the role of supplying documents related to the recruitment of loan holders and false employment, E, G, H, and I, as well as the role of recruiting loan holders and providing loan applicants.

(2) On October 2010, according to the above crime plan, the Defendants conspired to obtain a loan for lease by creating false documents related to employment in the name of Defendant A, and a housing lease contract, etc., and Defendant C introduced Defendant C, a lessor, to the Plaintiff. Defendant D accepted Defendant C’s proposal and served as a lessor to Defendant A.

(3) The F prepares documents related to the employment of Defendant A, who is an employee of the Specialized Construction Industry Corporation, including a false employment certificate, and G prepares a false apartment lease contract in the J brokerage office located in Bupyeong-gu Incheon Metropolitan City as “A deposit amount of KRW 80 million, lessor D, lessee A.”

(4) On October 2010, Defendant A submitted the aforementioned false documents, according to the Central Branch Office of the Bank of Korea, which was located in Seocheon-si, Seocheon-gu, Seoul Special Metropolitan City, pursuant to G, and applied for the employee house charter loan and housing finance credit guarantee.

B. A housing finance credit guarantee agreement between the Plaintiff and the Defendant A (1) on October 15, 2010, the Plaintiff entered into a housing finance credit guarantee agreement with Defendant A with the purport that the Plaintiff guaranteed the Defendant A’s obligation for the said employee house leasing loan, and issued a housing finance credit guarantee agreement with the amount of security deposit KRW 49.5 million, and the term of guarantee as of October 15, 2012.

(2) Defendant A obtained a loan of KRW 55 million from the Bank as security for the said housing finance credit guarantee certificate.

(3) Defendant A is a registration of credit oil information (including national taxes in arrears) on September 9, 201.

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