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(영문) 서울중앙지방법원 2017.01.19 2015가단5381075
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff KRW 58,722,575 and KRW 57,403,120 among them, respectively, from June 24, 2014 to June 11, 2016.

Reasons

1. Basic facts

A. On February 3, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A by setting the guarantee period as the end of February 3, 2014, and issued the same credit guarantee agreement (hereinafter “instant credit guarantee”); Defendant A obtained the said credit guarantee agreement from Korea bank as collateral for the National Housing Fund loan of KRW 63 million on the same day (hereinafter “instant loan”).

B. On November 29, 2013, Defendant A lost the benefit arising from the instant loan, and the Plaintiff, upon the Plaintiff’s request, subrogated to the Bank for KRW 57,403,120 on June 23, 2014, KRW 172,740 for additional guarantee fees and KRW 1,146,715 for additional guarantee fees.

C. The credit guarantee and loan of this case are as follows: Defendant D, E, and F, which are linked to Defendant C, who is a hub for recruiting false lessors, are invited to take part in the share of the employee deposit money with Defendant A, a false tenant, and Defendant C requested Defendant C to lend his name to Defendant B, whose name was known to Defendant C, and then deliver Defendant B’s personal information to Defendant F to Defendant F, and thereby the false lease agreement and the registration agreement agreement form with Defendant A and Defendant B were made by deceiving the employees in charge of our bank by preparing documents, such as a false employment certificate in the name of Defendant F.

Defendant B withdrawn Defendant A’s loan, which was remitted from our bank, with Defendant C, and delivered it to Defendant F and received KRW 2.5 million as a fee.

E. Based on the instant credit guarantee and loan, Defendant C was convicted of each of the convictions in Seoul Southern District Court 2015 Godan1044, Seoul Southern District Court 2015 Godan1044, Defendant D and E, Seoul High Court 2015No2042, Defendant F was finally affirmed.

[Ground of recognition] Unsatisfy, each entry (including a serial number) in Gap1 or 23 evidence, the purport of the whole pleadings

2. According to the facts established above, the Defendants jointly do so to the Plaintiff.

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