beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for 94,211,950 won and 5% per annum from March 26, 2015 to March 15, 2016.
Reasons
1. Facts of recognition;
A. Defendant B, C, D, E, and F are those who were working as members of the Jeonse Loan Fraud Group. As if a lease contract was concluded between Defendant A and B, the Plaintiff and the Industrial Bank of Korea were deceiving the Plaintiff and the Industrial Bank of Korea, and conspired to acquire funds from the Industrial Bank of Korea under the Plaintiff’s credit guarantee. As to Defendant A and G cooperation with the purpose of receiving some of the funds, the lessor entered into a false lease contract with Defendant A and the lessee on January 14, 2014 regarding H apartment Nos. 1231, 305, which were owned by the Defendant.
B. On February 7, 2014, G entered into a credit guarantee agreement with the Plaintiff on a deposit basis of the aforementioned false apartment lease agreement, which provides a guarantee amount of KRW 90,00,000 and KRW 100,000,000 for a guarantee period after the loan treatment (hereinafter “the instant credit guarantee agreement”). On the same day, G obtained a credit guarantee agreement from the Plaintiff and received a loan from the Industrial Bank of Korea. Accordingly, a credit guarantee accident occurred due to the Plaintiff’s failure to repay the loan obligations to the Industrial Bank. Accordingly, on March 25, 2015, the Plaintiff subrogated the Industrial Bank of Korea for KRW 94,211,950.
C. Meanwhile, Defendant B, C, E, and F, as seen above, deceiving the Industrial Bank of Korea in collusion by preparing a false apartment charter contract, and acquired it by borrowing KRW 100,00,000 from the Industrial Bank of Korea as a loan, and Defendant B, and E were convicted of each of the aforementioned Defendants on October 16, 2014 as Daejeon District Court’s 2014 Godan670,769 (combined), 905 (Joint), 963 (Joint), 1087 (Joint), and 1087 (Joint), Defendant C was convicted on October 16, 2014, as the Daejeon District Court’s Branch Branch of the Daejeon District Court’s 2014Ma6499, Defendant F was sentenced to each of the aforementioned Defendants’ conviction.
[Ground of Recognition] Facts without dispute, Gap 1 to 5 evidence (including each number).