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1. The Plaintiff:
A. Defendant A’s KRW 92,712,560 as well as 12% per annum from July 19, 2014 to August 31, 2015.
Reasons
1. Facts of recognition;
A. Defendant A, together with Defendant C and the lessor Defendant B, agreed to obtain a loan for the employee deposit money.
B. Accordingly, around September 2012, Defendant C prepared relevant documents, such as a false certificate of employment, income tax withholding receipt, payment statement, etc., as Defendant C entered E, and a false lease contract on the Dongdaemun-gu Seoul Metropolitan Government F apartment 101 Dong 503, 201, and transferred it to Defendant A.
C. From October 2012, Defendant A applied for the loan of KRW 100,000 to employees in charge of loan from the National Housing Fund of KRW 100,00,000 at the branch office of the Bank G of Korea Co., Ltd., Defendant A submitted the false employment certificate and the lease contract as if they were actually prepared, and applied for the Workers’ Lease Fund as if they were actually used as deposit money.
On October 24, 2012, the Plaintiff entered into a housing financial credit guarantee agreement with Defendant A with the purport that the guaranteed amount shall be KRW 90,00,000,000, and the term of guarantee shall be October 24, 2014 with respect to the obligation to be borne by Defendant A upon lending from the bank. When the Plaintiff performed the guaranteed obligation, the Defendant A agreed to pay the amount paid for the performance of the guaranteed obligation and the amount of damages and all other incidental expenses. The ratio of damages for delay determined by the Plaintiff reaches 12% per annum from July 19, 2014 to August 31, 2015 and from the following day, 8% per annum.
E. On October 24, 2012, our bank loaned KRW 100,000,000 to Defendant A as security a credit guarantee certificate issued in accordance with the instant credit guarantee agreement, setting the maturity date on October 24, 2014, and remitted the same day to Defendant B’s account as the lease deposit for Defendant A.
F. On February 7, 2014, Defendant A lost the benefit of the term of the loan due to delinquency in interest, and the Plaintiff on July 18, 2014, pursuant to the instant credit guarantee agreement, to the Bank.