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The Plaintiff
A. Defendant B shall pay KRW 70,853,660 as well as 12% per annum from May 2, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant B are in a personal relationship, and Defendant C operated a mutual loan brokerage business entity (hereinafter “instant loan brokerage business entity”), and Defendant D was in charge of loan brokerage to connect customers who intend to borrow money as a counselor of the instant loan brokerage business with private financial companies.
B. Around May 13, 2017, Defendant B thought that a loan was made under the name of the Plaintiff, rather than his own name, and even if the loan was received, Defendant B did not intend or have the ability to repay the loan, but was unable to repay the loan money to the Plaintiff. It was false to the effect that “In the event a bank cannot obtain a loan from a lending broker due to low credit rating, it would be possible to ask the lending broker to exchange the Plaintiff’s personal information, and thus, Defendant B would not receive a loan under the name of Defendant B, and then deliver the personal information to the lending broker, rather than the Plaintiff, if the contact was delivered from the lending broker. It would be lest the Plaintiff would suffer any damage, and that the Plaintiff will be exempted from delivering the money deposited by the Plaintiff’s passbook to Defendant B only.”
C. On May 16, 2017, Defendant B, by deceiving the Plaintiff, had the Plaintiff deliver a copy of the Plaintiff’s authorized certificate and identification card, and had the Plaintiff obtain a loan of KRW 53 million in the name of the Plaintiff, including KRW 20 million from the G Bank, KRW 18 million from H Bank, KRW 15 million from the I Bank, and KRW 15 million from the I Bank. On May 17, 2017, Defendant B acquired the money from the Plaintiff to the J Bank account of Defendant B, and KRW 10 million from May 18, 2017.
Meanwhile, around May 15, 2017, Defendant D was aware that it received a loan in the name of the Plaintiff, not in the name of Defendant B, but in the name of the Plaintiff, and the Plaintiff would proceed with the loan, and the deposit is the Plaintiff.
The deposited money is only delivered to Defendant B, and it is not jointly and severally liable to guarantee it.