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(영문) 서울중앙지방법원 2016.09.28 2015가단5382771
구상금 및 손해배상(기) 등
Text

1. The Plaintiff:

A. As to KRW 65,787,845 and KRW 65,079,181 among Defendant A, Defendant A, from June 25, 2015 to August 31, 2015.

Reasons

1. Facts of recognition;

A. On April 24, 2014, the Plaintiff and Defendant A entered into a credit guarantee agreement between the Plaintiff and Defendant A (hereinafter “the instant credit guarantee agreement”) with a guarantee period of KRW 90,000,000 and April 24, 2024.

In the credit guarantee agreement of this case, Defendant A agreed to pay the amount of the Plaintiff’s performance of the guaranteed obligation, damages for delay based on the rate of delay damages determined by the Plaintiff, and the Plaintiff’s guaranteed obligation, if the guaranteed obligation of the Plaintiff is not extinguished from the day following the expiration date of the due date of payment of the principal obligation or the day before the due date of payment by the Plaintiff’s subrogation, the additional guarantee fee

B. The Defendant A conspired with the false lessee, Defendant B, a false lessor, and Defendant B as a false lessor, to prepare a false lease contract in order with his name brobeers, etc., and to obtain the worker deposit money from the employee and to acquire it by fraud.

As a result, the so-called so-called so-called Defendant A prepared a false lease contract and a false certificate of employment with respect to the So-gu Busan Metropolitan City C Apartment 103 104 dong 104, Yongsan-gu, Seoul Metropolitan City, and then delivered it to Defendant A.

After that, on April 13, 2014, Defendant A applied for a loan of KRW 100,000 to the loan staff in charge of loan from the National Housing Fund at the Taene Branch of the National Bank, and submitted a false employment certificate and false lease contract as above, and received a credit guarantee certificate issued from the National Bank, a business entrusted by the Plaintiff, under the credit guarantee agreement of this case, from the National Bank on April 24, 2014, from the National Bank as collateral for a loan for the entire housing loan, and acquired KRW 100,000,000 as a loan for the entire housing loan from the National Bank to the account in the name of Defendant B.

The Defendants were convicted due to the aforementioned fraudulent act, thereby having received a final judgment of conviction.

Defendant B, among the above money, 10,000.

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