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(영문) 서울서부지방법원 2017.08.22 2016가단24386
대여금
Text

1. The Defendant’s KRW 161,896,473 for the Plaintiff and 5% per annum from May 15, 2015 to August 22, 2017.

Reasons

1. Facts of recognition;

A. On May 12, 2015, the Defendant submitted necessary documents, such as a lease contract, a certified copy or abstract of resident registration cards, certificate of personal seal impression, certificate of tax payment, etc., stating that he/she leased KRW 250 million from C, the owner of which on May 12, 2015, with respect to subparagraph 103 on the ground of two parcels outside Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, to the Plaintiff directly (hereinafter the same shall apply) for the loan of the lease fund.

B) The Plaintiff filed an application. (B) On May 15, 2015, the Plaintiff believed that the said lease agreement was genuine, and carried out a loan of KRW 170,00,000 to the Defendant, and remitted the loan to the Defendant’s account. (c) However, the said lease was made by falsity, and the Defendant did not intend to use the loan as a deposit even if the loan was granted by the Plaintiff on the grounds that the lease was not leased the house specified in the contract. (d) The instant loan was made by the Plaintiff, under the initiative of the Plaintiff, D, E, etc., to recruit the nominal lender to conduct as the lessee, such as the Defendant, by means of the name lending recruitment policy under the direction of the Plaintiff’s employee D, E, etc., and then, as the application for each loan was made normally, by preparing an internal document as if the application for each loan was made by the Plaintiff’s request was made with the Plaintiff’s approval of the president, and thus, it was concluded that there was no dispute over the fact that there was no dispute.

hereinafter the same shall apply.

each entry, the purport of the whole pleading

2. Determination as to the cause of action

A. The establishment of a joint tort under Article 760 of the Civil Act, which causes damage to another person jointly, does not require a public invitation or a joint perception among the actors. If the act is objectively related to the act, it shall be sufficient and shall be liable to compensate for the damage caused by the pertinent joint act.

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