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1. Defendant B, C, and D jointly share KRW 167,20,000 with respect to the Plaintiff and the Plaintiff from April 10, 2019 to July 16, 2019.
Reasons
1. Basic facts
A. Defendant B is a person who entered into a lease agreement with Defendant C, and Defendant D is the husband and wife of Defendant C, and Defendant E is a licensed real estate agent operating a F Licensed Real Estate Agent Office.
B. On January 28, 2015, the Plaintiff concluded an insurance contract for the right to a loan for the preceding month loan (hereinafter “instant insurance contract”) with a company G (hereinafter “G”) and a company from January 22, 2015 to January 22, 2017 for the insurance coverage amounting to KRW 167,200,00, and G’s lease fund, on the grounds of forgery, fraud, pressure, unjust pressure, coercion, defect declaration of intention, capacity to act, etc.
C. Defendant B, etc. conspired to obtain a loan from a financial institution on the ground of a false lessee. On January 19, 2015, Defendant E drafted a lease contract (hereinafter “instant lease contract”) with the lessee B, the lessor Defendant C, the Defendant C, the object-based H apartment I (hereinafter “instant apartment”), and the term of lease from January 23, 2015 to January 22, 2017, including the lease deposit amount of KRW 190,000,000.
Defendant B applied for a loan of the lease fund by submitting the documents, such as the instant lease agreement, as if he leased the instant apartment at the new branch of G, and received KRW 152,00,000 from G as the deposit account in the name of Defendant C on January 23, 2015.
(hereinafter “instant loan agreement”). (e)
Defendant B began to delay interest on the obligation to lease on a deposit basis against G, and said G filed an application for subrogation with J Co., Ltd. (hereinafter “J”), but on April 27, 2017, Defendant B received an exemption reply from the J on the ground of “False Lease and Fraudulent Loan,” and eventually filed a claim for insurance against the Plaintiff under the instant insurance contract.
F. The above facts constituting the crime, etc.