logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.15 2018가단5073481
손해배상(기)
Text

1. The Plaintiff:

A. As to KRW 31,344,092 and KRW 24,036,447 among them, Defendant A shall be from April 26, 2014 to August 31, 2015.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against the defendant B

A. The facts of recognition 1) Defendant A entered into a credit guarantee agreement with C Bank, which provides that “The principal of the credit guarantee principal is KRW 49.5 million and the term of guarantee is from January 25, 2013 to January 26, 2015,” upon receiving a loan from the National Housing Fund (hereinafter “instant credit guarantee agreement”) from C Bank (hereinafter “instant credit guarantee agreement”).

(2) On January 25, 2013, Defendant A borrowed KRW 55 million from C Bank as a full-time loan for employees under the credit guarantee agreement under the said credit guarantee agreement. (2) Defendant A lost the benefit of time on October 16, 2013 due to overdue loans, etc., and the Plaintiff paid the principal and interest of KRW 50,583,030 (principal interest of KRW 49,500,000) to C Bank on April 25, 2014 pursuant to the credit guarantee agreement of this case.

Meanwhile, the rate of delay damages for repayment following the performance of the instant credit guarantee obligations is 12% per annum from December 1, 2012 to August 31, 2015, and 8% per annum from September 1, 2015 to September 1, 2015.

3) However, Defendant B, in collusion with Defendant A and Loan B, who is responsible for the role of a false lessee by preparing a false charter contract and submitting the above charter contract, etc. to the Bank by Defendant B, who is responsible for the role of a false lessee, was transferred KRW 5 million to the account in the name of the Defendant B, and Defendant B was sentenced to imprisonment with prison labor on October 14, 2016 in Seoul Northern District Court Decision 2016Da3667, which was sentenced on October 14, 2016 (Defendant A was sentenced to imprisonment with prison labor on October 14, 2016) from the appellate court of the above criminal case (Seoul Northern Northern District Court Decision 2016No2207), Defendant B deposited KRW 30,000 as a deposit account on January 11, 2017 to Defendant B.

arrow