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1. The Defendant’s KRW 48,00,000 and the Plaintiff’s annual rate of KRW 15% from February 12, 2016 to the full payment date.
Reasons
1. Basic facts
A. For the purpose of obtaining a lease loan of money at low interest rates with the Defendant living together, the Plaintiff drafted a false housing lease contract on January 13, 201 with the purport of leasing the entire three floors of the Gangseo-gu Seoul Metropolitan Government Multi-Family Housing (hereinafter “instant building”) owned by the Defendant for the lease of KRW 100 million and the term of lease from January 18, 201 to January 18, 2014. On the 11th of the same month, the Plaintiff filed a move-in report to the address of the instant building and obtained a fixed date on the said contract on the 13th of the same month.
B. On January 11, 2011, the Plaintiff applied for a “new house loan loan” at the D branch of the new bank, and received a loan of KRW 48 million on the 18th of the same month. The said loan was executed by remitting KRW 48 million to the Defendant’s bank account in which the new bank is a lessor under the said lease contract.
C. The Plaintiff, around November 2012, arranged the relationship with the Defendant by marriage with Nonparty E, but continues to pay interest on the loan by extending the maturity.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 5, 9, 10, the purport of the whole pleadings
2. Determination:
A. The purport of the parties' assertion is that the above lease contract was prepared formally to obtain a loan from the bank for a loan for a loan for a loan for a lease from the bank, and that the plaintiff re-loans the loan to the defendant based on the above contract, so the defendant is liable to return the loan for a loan of 48 million won and its delay damages
(The plaintiff sought the return of the deposit for lease as the first tenant, but it was revealed that he prepared a false lease contract for the loan for lease on a deposit basis, and changed the cause of the claim into the loan claim).
In other words, the following circumstances are acknowledged by the defendant's liability for the return of the loan, Gap's basic facts, Gap's evidence Nos. 6, 7, and 11, and the purport of the whole pleadings.