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(영문) 서울중앙지방법원 2018.07.16 2016가단5008704

구상금

Text

1. Of the instant lawsuit, the part demanding the payment of the claim for the loan on the deposit basis on August 16, 2012 to Defendant B among the instant lawsuit.

Reasons

1. Basic facts

A. In order to raise business funds, Defendant B conspired to obtain loan from Defendant C, D, and the F Co., Ltd. (hereinafter “F”), and in fact, Defendant B did not have leased the G Building H (hereinafter “instant loan”) from Defendant C, and on August 2012, Defendant B entered into a false lease agreement with Defendant C, setting the lease deposit amount of KRW 90,00,00,000 at the J Licensed Real Estate Agent Office (Licensed Real Estate Agent E) located in G in Nam-si I, Namyang-si, where Defendant D was employed as an employee, and the lease agreement was concluded between August 16, 2012 to August 16, 2014 with the content that Defendant B leased the instant loan from Defendant C.

On August 16, 2012, Defendant B applied for a loan to F with the foregoing lease agreement attached, and Defendant C had a pledge on KRW 90,000,000,00 of the lease deposit repayment claim on a temporary basis, and F loaned KRW 50,00,000 to Defendant B (hereinafter “instant loan”).

B. On August 14, 2012, the Plaintiff concluded an insurance contract for the right to loan funds for the preceding month (hereinafter “instant insurance contract”) with F and the insured from August 14, 2012 to the time of repayment of the loan.

C. Defendant B, C, and D were convicted on June 30, 2015 (hereinafter “instant criminal facts”) of the criminal facts by deceiving F as above and by deceiving the loan from the said company (hereinafter “instant criminal facts”), and the said judgment became final and conclusive.

F claimed insurance money to the Plaintiff in accordance with the instant insurance contract, and the Plaintiff requested the adjuster to compensate for the damage.

A adjuster paid KRW 16,547,492 out of the principal of the instant loan and assessed that the agreed interest and overdue interest incurred damages in total amount to KRW 43,545,611. The Plaintiff received the claim for insurance money from the F. K corporation.