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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) is a financial institution that deals with credit installment business and small credit loan business. Defendant A is a lender of the Solomon Savings Bank on November 15, 201 (hereinafter “the instant loan contract”), and Defendant B is a joint and several surety under the said loan contract as Defendant A’s denial.
B. C, around November 201, offered that the Defendants would have sold the Incheon D shop to the Defendants and will act as an agent for the bank loan, and received a certificate of the personal seal impression from Defendant A.
C. On November 15, 201, C prepared to the Solomon Savings Bank the debtor’s name column, “A”, “E” in the mobile phone column, “F enterprise” in the workplace column, “B” in the name column of the joint and several sureties, “G” in the mobile phone column, and “HA certified judicial scrivener office” in the workplace column (hereinafter “instant loan application form”), and issued a seal affixed to the Defendants’ name.
The Solomon Savings Bank entered into a loan agreement with C using the name of Defendant A on the same day at the rate of KRW 33,00,000 per annum, interest rate of KRW 27.90 per annum, and delay compensation rate of KRW 39 per annum.
E. C was indicted on February 10, 2014 as the crime of fraud, forgery of private documents, and uttering, based on the fact that “A and Defendant B arbitrarily entered their personal information in the application for the instant loan, thereby forging an application for the loan in the name of the Defendants, and subsequently using a certificate of personal seal impression issued by deceiving Defendant A while having no intent and ability to purchase the Incheon D shop, and acquired property benefits from the Solomon Savings Bank.” On February 10, 2014, the said court sentenced Defendant A to imprisonment with prison labor for 10 months for fraud, etc. against Defendant A and 4 months for Non-Party A, and C was so sentenced to imprisonment with prison labor for fraud against Non-Party A, respectively.