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(영문) 서울중앙지방법원 2017.11.30 2017나50043

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

Facts of recognition

On August 22, 2012, our bank (hereinafter “Korea bank”) received from the co-defendant B (hereinafter “B”) of the first instance court of the first instance as security the claim for the refund of deposit for lease deposit of KRW 30,00,000 from the member E apartment-gu 1809 Dong 105 (hereinafter “instant loan”) and borrowed KRW 30,000 to B (hereinafter “instant loan”). The Plaintiff entered into an insurance contract with our bank for the right for lease of lease of monthly loan (hereinafter “instant insurance contract”).

B In entering into the instant loan contract, the former lease contract (hereinafter “the former lease contract”) submitted to the Bank to Korea was written in KRW 100,000,000 as lessor F, lessee B, and the former lease deposit, respectively, and the broker column stated the “G Licensed Real Estate Agent Office” and affixed the Defendant’s seal as the operator of the said Licensed Real Estate Agent Office.

However, in fact, B did not have entered into a lease contract as described in the instant lease contract with F. The instant lease contract was forged by the co-defendant C, D (hereinafter “C, D”) and B (hereinafter “C, etc.”) of the first instance trial for the purpose of using the loan fund for other purposes, and C, D, and B, an intermediary of the G Licensed Real Estate Agent Office, an agent of the G Licensed Real Estate Agent Office, prepared the lease contract as above, and then affixed the Defendant’s seal under his custody.

After confirming that the instant loan contract was made with the purpose of acquiring the loan, our bank requested the Plaintiff to pay the insurance money. On December 26, 2013, the Plaintiff paid 30,000,000 won, which is the amount equivalent to the instant loan, to our bank, as the insurance money.

After all, C et al. repaid to the Plaintiff the above KRW 6,500,000 out of KRW 30,000.

C et al. were indicted for the above facts constituting the forgery of private documents, the uttering of a falsified investigation document, and fraud, and the Suwon District Court's Ansan Branch was 2014 Highest 2973.