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(영문) 서울중앙지방법원 2016.06.15 2015가단5094364

구상금

Text

1. Defendant A, B, and D jointly share KRW 116,940,018 with respect to the Plaintiff and the Plaintiff from September 28, 2012 to August 3, 2015.

Reasons

1. Claim against the defendant A, B, and D

A. The facts of recognition 1) Defendant A and Defendant D obtained loans from Defendant A, B, and D to the new bank are friendship, and Defendant B is a person who operated the “F Licensed Real Estate Agent” in Suwon-gu, Suwon-si. Defendant A, D, and B knew that a real estate lease agreement certifying the fact of housing lease was prepared and submitted to a financial institution is possible to obtain a loan from the financial institution. In addition, Defendant A, D, and B agreed to obtain the loan by submitting a false lease agreement to the financial institution. On June 15, 2011, at the above F Licensed Real Estate Agent’s Office, the above F Licensed Real Estate Agent B prepared a false lease agreement with the purport that “Lessee A shall rent KRW 190,000,000,000,000,000,000,000 won as the lease deposit owned by Defendant A (the husband of Defendant D). After that, Defendant A prepared a false lease agreement with the purport that “A shall be leased from the new bank under the name of 100,00,00,000,00.

(2) On July 15, 201, the Plaintiff entered into an insurance contract for the right to lease on a deposit basis (hereinafter “instant insurance contract”) between the new bank and the new bank with a maximum amount of 125,400,000 won for the instant lease loan, with the belief that the said lease contract was genuine and that the said loan was transferred to the account in the name of Defendant C. Defendant C. Defendant A, D, and B was convicted of deceptive act.

The Plaintiff paid 116,940,018 won by subrogation to the new bank on September 27, 2012, when Defendant A failed to repay the loan of the instant lease loan.

[Ground of recognition] Defendant A and Defendant D: The absence of dispute, Defendant B: The assertion of confession under Article 150 of the Civil Procedure Act

B. According to the above facts of recognition, the plaintiff in this case.