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(영문) 서울중앙지방법원 2019.06.26 2018가단5007736

구상금

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1. The Defendants jointly share KRW 77,00,000 with the Plaintiff as well as 5% per annum from February 9, 2018 to November 1, 2018.

Reasons

1. Basic facts

A. On November 2012, Defendant B received the Defendant D through “G” in the process of requesting a loan consultation through an Internet lending company, and again received the Defendant C through Defendant D.

At the time, Defendant B was not easy to obtain a loan from the bank due to low credit rating, and Defendant C and the bank decided to obtain a lease loan from the bank.

Defendant C received a request from E for a lease contract for H apartment I (hereinafter “instant real estate”).

B. Around November 2012, Defendant C and the instant real estate company entered into a lease agreement (hereinafter “instant lease agreement”) with the term of KRW 100 million and the term of lease from December 26 to 24, 2012 (hereinafter “from January 4, 2013 to 24 months”) (hereinafter “instant lease agreement”). A licensed real estate agent, at the time, signed and sealed the instant lease agreement as a broker for the instant lease agreement upon request of Defendant C at the time of entering into a personal financial credit agreement with Defendant B. C Co., Ltd (hereinafter “J”) around January 4, 2013, the Plaintiff offered the credit insurance certificate to K Co., Ltd. (hereinafter “K”) with the terms and conditions of the instant lease agreement with the contractor and the insured from January 4, 2013 to 01:30,000,000,000 won (hereinafter “real estate loan agreement”) as the insurance period of KRW 4030,000,75.

E. On January 4, 2013, Defendant B borrowed KRW 70 million from K as a loan for housing funds, based on the instant lease agreement, and the said lease deposit claim was set up as a pledge, but the said lease deposit was notified E.