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(영문) 서울중앙지방법원 2017.06.23 2016나47453
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The defendant is co-defendant A of the first instance trial.

Reasons

1. Basic facts

A. Co-Defendant A, B, and C (hereinafter “A, etc.”) in the first instance trial, and the co-defendants in the first instance trial omitted the indication “Co-defendants in the first instance trial” in case of the division of co-defendants in the first instance trial) and E conspired to make a false lease agreement with respect to 301 (hereinafter “instant house”) from among the F-5 apartment houses on the 5th floor in Ansan-gu, Ansan-gu, the mother of the Defendant in the second instance and obtain a loan from a financial institution.

B. On March 5, 2013, E, etc.: (a) concluded a false employment certificate with the content that E is in office in the Ganbp PPP, Co., Ltd., and a false lease contract with the content that E leases the instant housing in KRW 100 million from the Defendant (hereinafter “instant lease contract”); (b) submitted the said documents to the Nonghyup Bank Co., Ltd., a business entrusted with the Plaintiff’s business (hereinafter “CF”), which was March 5, 2013.

C. On March 6, 2013, the Nonghyup Bank entered into a credit guarantee agreement with the Plaintiff on behalf of the Plaintiff, setting the guaranteed principal as KRW 69.3 million on behalf of the Plaintiff at KRW 09:58,00,000, and entered into a credit guarantee agreement with the Nonghyup Bank. On the same day, around 18:25 on the same day, the Defendant, upon delegation from the Nonghyup Bank, signed the instant lease agreement on behalf of the conciliation members who inquire about the authenticity of the instant lease agreement.

On March 8, 2013, the Nonghyup Bank deposited KRW 77 million into the bank account under the name of the Defendant, a lessor, by implementing a loan of KRW 77 million to E as security a loan of a loan of KRW 77 million (hereinafter “the instant loan”), and the said loan was deposited into the said account.

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