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(영문) 서울중앙지방법원 2016.02.02 2015가단5086868
손해배상(기)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 51,290,935 won and the period from August 1, 2012 to November 25, 2015.

Reasons

1. Facts of recognition;

A. On May 24, 2011, the Korea Housing Finance Corporation and the Korea Housing Finance Corporation concluded a credit guarantee agreement with the effect that the netF will provide credit guarantee for the full-time loan to be loaned by the Korea Housing Finance Corporation and the Korea Housing Finance Corporation, with the amount of KRW 49,500,000, based on the credit guarantee agreement with the Plaintiff and the networkF (hereinafter “the credit guarantee agreement in this case”). On May 24, 201, the networkF obtained a loan from an enterprise bank (hereinafter “the instant loan”).

(2) On July 31, 2012, when the netF delayed the payment of the above principal and interest of loan and the corporate bank sought a credit guarantee liability for the Plaintiff, the Plaintiff subrogated for KRW 51,290,935 to the corporate bank.

(3) On December 13, 2012, the Plaintiff filed a lawsuit against the NetworkF for the claim for reimbursement with the court 2012da5098570. On December 13, 2012, the said court rendered a judgment in favor of the Plaintiff that “the netF shall pay to the Plaintiff 51,290,935 won, and the amount at the rate of 15% per annum from July 31, 2012 to November 21, 2012, and 20% per annum from the next day to the date of full payment” was finalized at that time.

B. On May 201, the circumstances leading up to the acquisition of the instant loan (1) the networkF conspiredd to have the Defendant B, G, and the documents related to the false employment of patrolmen, and the false housing lease-related documents in order to have them divided by borrowing the employee housing lease fund.

(2) On April 201, Defendant C received a proposal from Defendant A to offer compensation if he/she lent the name of the inside director of H, a corporation necessary for creating documents related to his/her employment, such as a certificate of employment to be submitted at the time of lending employee’s house transfer loan. Defendant A, on May 201, was in office, even though he/she did not have worked as an employee at H in the H office located in Seocheon-gu, Seoul Special Metropolitan City.

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