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(영문) 서울중앙지방법원 2017.09.12 2015가단5323888
구상금 등
Text

1. The Plaintiff:

A. Defendant D’s KRW 41,549,831 and as to this, KRW 12% per annum from March 6, 2014 to August 31, 2015, and September 2015.

Reasons

1. Facts of recognition;

A. Defendant A, B, and D conspired to acquire loan from a financial institution by using a false lease contract in order to acquire it by fraud.

Accordingly, Defendant A arranged illegal loans by providing Defendant D with a false certificate of employment to obtain credit guarantee from the Plaintiff. Defendant D, who was delegated by Defendant C and was in charge of managing the title E, 201 Dong 402 (hereinafter “instant real estate”), is “a false lease agreement under Defendant C’s name to lease the instant real estate in the name of Defendant C on May 1, 2013, even though Defendant C had not leased the instant real estate.”

was drawn up.

B. Defendant D is the Nonghyup Bank Co., Ltd., the business entrusted institution of the Plaintiff, as if it was a document in which the certificate of employment or lease contract was made falsely as above was completely prepared.

was submitted to the Commission.

Accordingly, on May 3, 2013, the NongHyup Bank issued to Defendant D a letter of credit guarantee of KRW 40,500,000,000 as security, and on the same day, it issued to Defendant D a loan of KRW 45,00,000 in terms of loan for lease fund.

(3) On March 6, 2014, Defendant B, a lessor, remitted money to the account under the name of Defendant C, and Defendant B, who managed the said account, paid the said money to Defendant D, and received some of the money. Since then, the Nonghyup Bank lost the benefit of time, and requested the Plaintiff to pay the said money by subrogation. On March 6, 2014, the Plaintiff subrogated for KRW 41,832,771 (principal interest of KRW 40,500,000) to the Nonghyup Bank.

The overdue interest rate from the date of subrogation to August 31, 2015 is 12% per annum, and thereafter 8% per annum, and Defendant D is above March 6, 2014.

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