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(영문) 서울서부지방법원 2017.08.24 2017가합31821
대여금
Text

1. The Defendant’s KRW 210,000,000 as well as 5% per annum from September 19, 2014 to October 30, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 18, 2014, the Defendant submitted documents, such as a pre-tax contract, a certified copy and abstract of resident registration cards, certificate of personal seal impression, certificate of tax payment, certificate of income amount, etc., and applied for a loan of pre-tax to the Plaintiff (hereinafter the same shall apply) on which he/she carried out a loan of pre-tax amount of KRW 210,000,000 to the Defendant on September 19, 2014, stating that he/she leased the pre-tax deposit amount of KRW 265,00,000 from D, the owner of the pre-tax deposit, and then remitted the loan of KRW 210,000 to the Defendant’s account under the name of the Defendant.

B. In fact, the above loan was offered by F(head) and G(general), etc., who are the Plaintiff’s employees, to recruit the nominal lender to engage in the loan as the lessee through H(H) and other hubs, and the false lessee’s application for the loan was made normally as if the loan was approved, and the Defendant did not intend to use the loan as the deposit for the lease even if the loan was granted by the Plaintiff on the grounds that the Plaintiff did not have leased the house specified in the above lease contract, and the Defendant did not intend to use the loan as the deposit for the lease.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 10 (including each number in the case of additional number), the purport of the whole pleadings

2. The establishment of a joint tort under Article 760 of the Civil Act, which causes damage to another person by multiple persons, is not required to be a public invitation or a joint perception among the actors, and a joint tort is established where the act is objectively related to the act and is sufficient if the act is jointly related, and is liable to compensate for the damage caused by the pertinent joint act.

According to the above facts, the defendant applied for a loan to the plaintiff and submitted a false lease contract in the name of the defendant and received the transfer of the loan, so the whole act of systematic illegal loan such as F and G is specified.

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