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1. The Defendants jointly share KRW 29,000,000 with respect to the Plaintiff and Defendant B from February 7, 2017 to May 30, 2017.
Reasons
1. Basic facts
A. On July 13, 2016, Defendant C asked the Plaintiff, a branch of the passbook, “I will be liable with Defendant B if I lend the name of the passbook so that I can obtain a loan.” Accordingly, on July 13, 2016, the Plaintiff borrowed KRW 30 million from Defendant C (hereinafter “Nonindicted Savings Bank”) at interest rate of 10% per annum, 22% per annum, delay damages, and 22% per annum, and July 13, 2021, respectively, and then transferred the loan to Defendant C on July 13, 2016 and July 14, 2016.
B. On July 18, 2016, Defendant B prepared a letter to the Plaintiff stating that “A loan was received from the Plaintiff on July 3, 2016, and the amount of loan was KRW 30 million, and the loan was deposited into the Plaintiff’s account, and that it would not cause any damage to the Plaintiff by this loan.”
around July 2016, the Defendants conspired to obtain a loan under the name of the Plaintiff (victim) who is the branch of Defendant C and to obtain the loan by fraud.
Accordingly, around July 13, 2016, Defendant C provided that “A loan should not be made due to delinquency in receiving the loan by a person who wants to do so, and only the name of the head of the Tong would be possible to obtain the loan by making the loan available at the age of her age. If the deposit is entered into the head of the Tong, only deposit shall be made within the head of the Tong.” At the time of deposit from the non-party savings bank to the Plaintiff’s account in the Plaintiff’s name, Defendant C made a call to the Plaintiff who was aware that the loan was made in the Plaintiff’s name, who was known of the fact that the loan was made in the Plaintiff’s name, and the loan was made in the name of her name. However, Defendant B also made a false statement to the Plaintiff at that time, stating that “A loan was made in the name of her name.”
However, in fact, the above loans amount to 30 million won is defendant.