logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.01.26 2016가단251058
대여금
Text

1. The Defendant’s KRW 69,855,111 as well as the Plaintiff’s KRW 5% per annum from September 11, 2013 to October 12, 2016, and the following.

Reasons

1. Facts of recognition;

A. On May 17, 2017, the Eunpyeong Central Credit Union was originally merged with the Plaintiff of this case, and accordingly, the Plaintiff of Eunpyeong Credit Union took over the legal proceedings of this case.

(hereinafter referred to as the “Plaintiff”) is not distinguished from the two, except in extenuating circumstances.

The Defendant, along with the Plaintiff’s employees C, D, loan brokerage measures, used a false monthly loan contract, etc. to obtain a house security loan from the Plaintiff.

C. Around September 2013, the Defendant filed an application with the Plaintiff for a loan of KRW 80,000,000,000 with the Defendant to purchase KRW 140,000,000 (hereinafter “instant Housing”) as collateral. In applying for a loan, the Defendant submitted a monthly lease agreement with the Plaintiff stating that “the Defendant entered into a lease agreement with the lessee F on September 7, 2013, with the terms of KRW 25,000,000,000,000,000,000,000,000,000,000,000,000,000.”

However, the above monthly rent contract was prepared falsely, and the lessee F had resided with the fixed date in KRW 100 million before the defendant purchases the house of this case.

The F entered into a lease agreement with H on August 7, 2013 (the former owner of the instant house) with respect to the instant house with the term of KRW 100 million and the term of the lease from August 29, 2013 to August 29, 2015, the F obtained a fixed date on August 30, 2013 after the moving-in of the instant house.

(See Evidence A No. 14). D.

On September 11, 2013, the Defendant completed the registration of ownership transfer regarding the instant house. On the same day, the Plaintiff believed that the monthly rent contract submitted by the Defendant was genuine, and the Plaintiff, on the same day, remitted the monthly rent of KRW 80 million to the Defendant, set up a right to collateral security worth of KRW 14 million with the maximum debt amount in the instant house.

E. The Plaintiff’s employees C and D shall prepare internal documents as if the loan application was made normally.

arrow