구상금
1. The Defendants jointly share KRW 145,332,063 with respect to the Plaintiff, and the period from October 29, 2019 to August 25, 2020.
1. Facts of recognition;
A. Notwithstanding the absence of Defendant C’s actual intent to lease the Seodaemun-gu Seoul Western Etel (hereinafter “instant officetel”), the Defendants prepared a false lease contract and raised Defendant B to obtain a lease loan from a financial institution.
On April 12, 2016, the Defendants drafted a false real estate lease agreement with the purport that Defendant C leases the above officetel E in KRW 165,000,000 at the office of real estate real estate agent in Seodaemun-gu Seoul and the first floor G real estate agent.
around April 22, 2016, Defendant B applied for a loan for the household funds (hereinafter “instant loan”) at H Co., Ltd.’s agency located in Gangnam-gu Seoul (hereinafter “H”) and attached a charter contract prepared falsely as above, Defendant B received KRW 131,90,000 from H to the I bank account in the name of Defendant C for the entire loan.
Accordingly, the Defendants conspired to obtain 131,900,000 won from H.
B. On April 27, 2016, the Plaintiff concluded an insurance contract for the right to rent monthly loan (hereinafter “instant insurance contract”) with the content that “H and the insured shall compensate for the loss or damage of H arising from the invalidity or cancellation of the right of lease by fraud, etc.” as KRW 158,400,000, with respect to the instant officetel from April 22, 2016 to April 21, 2018.
C. The plaintiff is the defendants' above.
On October 28, 2019, in accordance with the instant insurance contract, H paid KRW 145,332,063 of the insurance proceeds to H with respect to H’s damage caused by the act described in the subsection. D.
On the other hand, the defendants are the defendants.
Defendant B, at the Seoul Western District Court on February 28, 2020, was prosecuted on charges of fraud due to the act described in the paragraph, and on February 28, 202, Defendant B shall be punished by imprisonment for 10 months, 3 years of suspended execution, and Defendant C.