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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. Basic facts
A. Co-Defendant D of the first instance trial (hereinafter “D”) prepared a false lease contract and conspired to obtain a loan of the deposit money from a financial institution to obtain the loan of the deposit money from the financial institution, and then arranged a lease contract with regard to the lessor D, lessee C, lease deposit amount of KRW 40,00,000, and the lease term of March 21, 2008 from March 20, 2008 to March 20, 2009 with regard to the title of the building E-gu, Ansan-si, the D owner of the real estate G office (hereinafter “C”). At the time, the Defendant, the broker of the real estate G office, arranged this.
B. C submitted the above lease agreement to the Plaintiff, and the Plaintiff loaned KRW 9,000,000 on March 21, 2008 after review, and H guaranteed C’s obligation to lend to the Plaintiff.
C. Meanwhile, as of September 25, 2017, the Plaintiff’s claim for loans to C remains at KRW 27,910,539 in total (i.e., principal amount of KRW 16,054,142 overdue interest, etc.) and the rate of damages for delay is 8.5% per annum.
D was sentenced to a final judgment of conviction of fraud (U.S. District Court Decision 2009DaDa25111) by receiving a loan of the lease fund through a false lease contract as above.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, purport of the whole pleadings
2. The plaintiff asserts that C and D are responsible for compensating the plaintiff for damages incurred to C and D in collaboration with C and D, since C and D are deemed to have participated in, or have facilitate, criminal acts by acquiring a loan from the plaintiff, by acquiring a false lease contract, such as preparing a contract document, on the grounds that the defendant does not confirm the object of brokerage.
However, only the evidence or assertion submitted by the plaintiff was offered by the defendant to commit the crime of defraudation of C and D.
facilitates them to commit intentionally or by negligence.