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(영문) 서울남부지방법원 2018.05.30 2017가단255904
구상금 등 청구의 소
Text

1. The Plaintiff:

A. As to KRW 79,310,462 and KRW 78,894,562 among them, Defendant A shall be from May 16, 2015 to December 23, 2017.

Reasons

1. Claims against Defendant A and C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deeming confessions: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. Claim against the defendant B

A. (1) The fact of recognition (1) Defendant B: (a) made a false lease agreement with Defendant C, a false lessee, by illegally obtaining a housing lease fund from the workers by submitting a false lease agreement with Defendant A, a false lessee; and (b) made a false lease agreement with Defendant A, stating that “Defendant B shall lease KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,0000,000,000,000,000,000

(2) On September 5, 2013, Defendant A submitted a false lease agreement and a false certificate of employment issued by Defendant C, a certificate of income tax withholding, etc., and submitted a credit guarantee statement from the Plaintiff on September 5, 2015 for a guarantee period of KRW 86,400,00 of the guaranteed principal. Based on the said credit guarantee statement, Defendant A received a loan of KRW 96 million from the government branch of the Industrial Bank of Korea on the same day.

(3) As Defendant A failed to repay the above loan, on May 15, 2015, the Plaintiff subrogated for KRW 91,915,796 to the Industrial Bank of Korea under the said credit guarantee agreement, and thereafter recovered KRW 13,021,234 from the Defendants until November 15, 2017.

(4) On the other hand, the Defendants were indicted for fraud due to the above deceptive act, and were sentenced to imprisonment with prison labor as Seoul Southern District Court 2016Kadan4922, and the above judgment became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 12 (including each number, hereinafter the same shall apply), Eul evidence 1 to 2, the purport of the whole pleadings

B. According to the above facts of recognition as to the cause of the claim, Defendant B is believed to have been involved in the preparation of a false lease agreement and believed to be true.

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