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1. The Defendants jointly do so to the Plaintiff as to KRW 56,675,706, as well as KRW 54,324,921 as to KRW A from May 14, 2015.
Reasons
1. Facts of recognition;
A. The Defendants and loan hubs, etc., whose identity is unknown, are offered by commercial banks, such as Co., Ltd. (hereinafter “C”) to obtain loans through a false loan contract, with the knowledge that loans are made at a rate lower than that of the city through a formal examination if only the documents related to employment, such as a certificate of employment, and certain documents such as a charter contract, etc., are prepared to obtain a loan, with the knowledge that the loans are made at a rate lower than that of the city.
B. Accordingly, around August 21, 2013, the Defendants prepared a false lease contract stating that Defendant A leased the E-building F of Defendant B’s wife during the period of KRW 130 million, and from August 29, 2013 to August 29, 2015, and a false certificate of employment that Defendant A is working for an enterprise “G”, and submitted a loan of KRW 80 million at the Osandong Branch on August 22, 2013.
C. Meanwhile, on August 30, 2013, as an institution entrusted with the Plaintiff’s business, C entered into a housing financial credit guarantee agreement with Defendant A, which provides that the Plaintiff shall guarantee the Plaintiff’s obligation for the pre-tax loan from Defendant A with the guaranteed principal of KRW 72 million and the guarantee period from August 30, 2013 to August 30, 2023, and issued a credit guarantee certificate to C.
C on August 30, 2013, on the security of the credit guarantee certificate, Defendant A loaned KRW 80,000,000 as housing capital to Defendant A for a loan period of ten years.
E. Defendant A received a loan by deceiving C as above, and then did not repay the loan to the Plaintiff, and the Plaintiff claimed for the performance of the guaranteed obligation to the Plaintiff. On May 13, 2015, the Plaintiff paid KRW 69,260,287 of the principal and interest of the loan within the guarantee limit to C and performed the guaranteed obligation.
F. The Defendants were indicted by the Suwon District Court’s Ansan Branch No. 2015Kadan1704, and were sentenced to imprisonment for six months for fraud, respectively, and became final and conclusive.
G. Meanwhile, Defendant B is above.