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(영문) 서울동부지방법원 2014.09.19 2013가단113078

손해배상(기)

Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from July 17, 2013 to September 19, 2014.

Reasons

Facts of recognition

The plaintiff is a company that mainly engages in credit business, etc. and the defendant is a person who runs the authorized brokerage business under the trade name of "C Real Estate" in Yeongdeungpo-gu Seoul Metropolitan Government.

The Plaintiff loaned KRW 80 million to D on January 30, 2013, and received from D as security the lease agreement (hereinafter “instant lease agreement”) dated October 9, 2012, from D, the lessor E, lessee D, 3-dong 1505 (hereinafter “instant apartment”), the lease deposit amount of KRW 180 million, the lease deposit of KRW 180 million, and the lease term of November 9, 2012, from November 8, 2014, from D as of November 9, 2012.

Plaintiff

The person in charge of the above lease contract reported the above lease contract and judged that if a loan of KRW 180,000,000 to KRW 180,000 as security is possible to receive sufficient repayment, the above loan was implemented.

In addition, upon D’s request, the Plaintiff additionally loaned KRW 20 million on May 7, 2013 as security of the instant lease agreement, and the amount that the Plaintiff loaned to D as security of the instant lease agreement is KRW 100 million.

However, in fact, D did not have concluded the above lease contract with E, and the lease contract of this case was made by falsity.

As to the preparation process of the instant lease agreement, D prepared a fact-finding confirmation (A 2) to the following purport:

D During the process of entering into a monthly rent contract with E, the owner of the instant apartment, and having been residing in the instant apartment, it was found that there was a way to easily seek funds from the person who became aware of on the Internet, and thus, the monthly rent contract with E was sent to that person.

D) For a long time, D visited a person who will conduct a fake lessor as known to the Internet, or visit the Defendant’s C real estate to the Defendant, and “to prepare a two-way agreement to obtain a loan from a bank.”