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1. The Defendant’s KRW 160,000,000 as well as 5% per annum from January 14, 2016 to October 6, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant, along with the Plaintiff’s employees B, C, and loan brokerage policies, was to obtain a loan from the Plaintiff by using false lease contract and related documents.
B. On January 8, 2016, the Defendant prepared an application for loan of KRW 160,000,000 to the Plaintiff, and an agreement on loan transaction, etc., and submitted a multi-household lease agreement (E and deposit KRW 230,000,000,000 to the Plaintiff, which is the lessee, of Eunpyeong-gu Seoul D Apartment 101, 203.
However, the above lease contract was prepared by falsity, and the defendant did not conclude the lease contract with E.
C. On January 14, 2016, the Plaintiff believed that the Defendant was a genuine lessee, transferred KRW 160 million to the Defendant’s account.
On the other hand, the plaintiff's employees B and C had an internal document prepared as if the loan application was made normally and served as a letter of approval with the chairperson of the plaintiff who is not aware of the circumstances.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) In the case of joint tort under Article 760 of the Civil Act, which causes damage to another person jointly by several persons, the joint tort is established without requiring not only a conspiracy among actors, but also a common perception. However, if the joint tort is objectively related to the joint act, it is sufficient if the joint act is jointly related, and the damage is caused by the pertinent joint act, and thus, the joint tort is established (see, e.g., Supreme Court Decision 2001Da2181, May 8, 2001). According to the above facts of recognition, even if the defendant did not specifically engage in the above joint act of illegal loan, it is difficult for the defendant to grant a loan to the plaintiff, such as submitting a false lease agreement under the name of the defendant.