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1. The Plaintiff:
A. As to KRW 54,616,686 and KRW 54,382,036 among Defendant A, Defendant A shall take measures from July 24, 2014 to August 31, 2015.
Reasons
1. Based on the facts, Defendant B drafted a lease agreement (hereinafter “instant lease agreement”) on April 22, 2013, stating that Defendant A shall lease the lease deposit of KRW 120 million (the contract deposit of KRW 12 million on the date of the contract, and the remainder of KRW 18 million on May 15, 2013) with the lease deposit of KRW 120,000,000,000 (hereinafter “instant lease agreement”).
(A) On May 15, 2013, Defendant A entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) between the Plaintiff and the National Bank of Korea (hereinafter “National Bank”) for the guarantee of employee rental loans.
On May 15, 2013, Defendant A borrowed KRW 60,000,00 from the National Bank (hereinafter “instant loan”) and submitted to the National Bank a housing finance credit guarantee certificate issued pursuant to the instant credit guarantee agreement, along with the instant lease agreement.
As Defendant A failed to repay the principal and interest of the instant loan, on July 24, 2014, the Plaintiff subrogated 5,539,102 won to the National Bank on behalf of the National Bank, and 578,533 won recovered over twice thereafter, was appropriated as part of the amount subrogated, and the remainder of the amount subrogated was 54,382,036 won (=5,539,102 - 2 x 578,533 won).
The fixed delay damages incurred from the date of subrogation to the date of recovery shall be KRW 132,570, and the additional guarantee fees unpaid by Defendant A shall be KRW 102,080, and the agreed delay damages rate prescribed by the credit guarantee agreement of this case shall be 12% per annum from July 24, 2014 to August 31, 2015, the date of subrogation, and 8% per annum from the following day to March 18, 2016, the date of final delivery of a copy of the complaint of this case.
In collusion with Defendant A, Defendant C, D, E, and F obtained the above loan by fraudulent means with the instant lease agreement and false certificate of employment in the course of obtaining the loan of this case.
(hereinafter “instant fraud”) is an offense constituting the crime.