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(영문) 서울중앙지방법원 2017.10.19 2015가단5095756

구상금

Text

1. As to KRW 100,603,911 and KRW 98,724,097 among the Plaintiff, Defendant A and C shared with the Plaintiff, from October 29, 2013 to July 2015.

Reasons

1. Basic facts

A. D and E prepared a false lease agreement as if they leased F apartment 102 304 dong 304 (hereinafter “instant apartment”) owned by Defendant B, who was a spouse of D de facto marriage, to obtain a loan as security, and they requested Defendant A to lend the name to Defendant A to obtain a loan for the operation fund of Hju station located in Jeju-do Incheon-gun, and requested Defendant A to “I Licensed Real Estate Agent Office operated by Defendant A, a licensed real estate agent, on March 15, 2012, and requested Defendant C to change the agreement and the confirmation and signature of the object of brokerage to the effect that “Defendant B and Defendant A enter into a lease agreement with the security deposit amount of KRW 20 million with respect to the instant apartment”.

The defendant C, without conducting any investigation as to whether it is true to enter into a lease agreement on the apartment of this case between the defendant B and the defendant A, is a deposit of 200 million won for the apartment of this case from its place to the defendant B and the defendant A (the payment date: KRW 20 million when the contract is concluded at the time of the contract, the intermediate payment of KRW 3 million, the intermediate payment of KRW 3 million on March 19, 2012; KRW 15 million, the remainder of KRW 15 million on March 27, 2012), and the lease contract between March 27, 2012 and March 26, 2014 (hereinafter referred to as "the lease contract of this case"), and the lease contract of this case, etc.

Then, D signed and sealed Defendant B’s seal in advance after entering “B” in each lessor’s column of the instant lease agreement, etc., Defendant A affixed his signature and seal on the lessee’s column of the instant lease agreement, etc., and Defendant C signed and sealed Defendant C’s seal on the broker’s column of the instant lease agreement, etc.

B. Defendant A is called “Korea Bank (hereinafter “Korea Bank”) on March 21, 2012.”

(b).