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(영문) 서울서부지방법원 2017.04.21 2016가단24218
대여금
Text

1. The Defendant: (a) KRW 184,00,000 for the Plaintiff and 5% per annum from September 25, 2014 to September 5, 2016.

Reasons

1. Facts of recognition;

A. The Defendant, along with the Plaintiff’s employees C, D, loan brokerage policies, was to obtain a loan from the Plaintiff by using false charter contract and related documents.

B. On September 24, 2014, the Defendant: (a) prepared an application for a loan of KRW 184 million to the Plaintiff; and (b) written a written agreement on loan transaction; and (c) submitted the lease contract for the apartment of Eunpyeong-gu Seoul E No. 902, the lessee, “Seoul E No. 902,” which the Defendant is the lessee.

However, the above lease contract was prepared by falsity, and the defendant did not enter into a lease contract with F and the above house.

C. On September 25, 2014, the Plaintiff believed that the Defendant was a genuine lessee, transferred KRW 184 million to the Defendant’s account.

On the other hand, the plaintiff's employees C and D had an internal document prepared as if the loan application was made normally and served as a letter of approval to the chairperson of the plaintiff who is not aware of the circumstances.

E. As above, the Defendant was indicted for committing the crime of deceiving the Plaintiff and deceiving the loan by means of preparing and submitting a false lease contract (Seoul Western District Court Decision 2016Da3343). On February 3, 2017, the Defendant was sentenced to a suspended sentence of one year for imprisonment with prison labor for April, 2017, and the judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) In the case of a joint tort under Article 760 of the Civil Act, which causes damage to another person jointly by several persons, joint tort is established without requiring not only a conspiracy among actors, but also a common tort. However, if the joint tort is objectively related to the joint act, it is sufficient if the joint act is jointly related, and the damage is caused by the pertinent joint act, and thus, the joint tort is established (see Supreme Court Decision 2001Da2181, May 8, 2001).

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