beta
(영문) 서울중앙지방법원 2017.01.24 2016가단5005453

구상금

Text

1. Defendant A’s KRW 140,327,887 as well as 5% per annum from September 25, 2013 to March 18, 2016 to the Plaintiff.

Reasons

1. As to the claim against the defendant A

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

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. As to the claim against the defendant B

A. On May 9, 2012, Defendant B, as Defendant B’s ASEAN, presented the forged Defendant B’s resident registration certificate along with documents necessary for the loan, such as a certificate of personal seal impression, a certified copy of resident registration, a certified copy of resident registration, a certificate of income-generating, a certificate of income acquisition of health insurance, a certificate of tax payment, a certificate of tax payment, and a certificate of health and long-term care, and other documents necessary for the loan. Defendant B’s resident registration certificate was signed and sealed on the loan transaction agreement, a mortgage contract, etc., while Defendant B was committed as if Defendant B was named.

B. On May 25, 2012, the Korea Exchange Bank deposited the loan amount of KRW 139.5 million with Defendant B’s account in the name of Defendant B (hereinafter “instant loan”). On May 25, 2012, the Incheon District Court established a right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant apartment as the maximum debt amount received No. 43518, May 25, 2012.

On May 25, 2012, the Plaintiff entered into a real estate right insurance contract for mortgage on the instant mortgage (hereinafter “instant insurance contract”) with the Korea Exchange Bank.

Applicant on August 22, 2013, the Korea Exchange Bank cancelled the instant mortgage.

(v) on September 24, 2013, the Plaintiff paid insurance proceeds of KRW 140,327,887 to the Korea Exchange Bank upon the claim of insurance proceeds under the instant insurance contract.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 5.