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(영문) 서울중앙지방법원 2018.11.15 2017가단5127374
구상금
Text

1. Defendant B’s KRW 114,00,000 as well as 5% per annum from February 18, 2017 to January 8, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract for the right to lease the entire real estate loan (hereinafter “instant insurance contract”) with D (the former trade name: E Co., Ltd.; hereinafter “D”) for the loan of living fund executed by D to Defendant B from September 24, 2014 to August 22, 2016, the insurance period of which is to be covered as to the loan of living fund executed by D to Defendant B, as follows: “loss or damage arising from the invalidity or cancellation of the right of lease created by the insured’s right of pledge;” the amount of compensation is KRW 144 million; and D is a financial institution that has loaned the leased deposit with the right of preferential reimbursement to Defendant B as security; and the Defendant is a licensed real estate agent who operates G Licensed Real Estate Agent’s office with the office of Ulsan Metropolitan City, Ulsan Metropolitan City.

B. Around July 2014, in the course of the preparation of the instant lease contract, the names and unsatisfed winners, who expressed their writing to lend money to the Internet site “H”, were ambiguously willing to obtain the loan of the entire loan from D using the Ulsan-gu K apartment L (hereinafter “instant apartment”) owned by J, Ulsan-gu (hereinafter “instant apartment”), and I received the copy of the resident registration, the certified resident registration, the certified resident registration copy, and the photographic copy of the J’s resident registration certificate from I, and requested Defendant B to receive the money deposited in the said account by opening the deposit account from Defendant B, who posted his father’s resident registration certificate and his father’s father, and then requested Defendant B to receive the money deposited in the said account.

(2) On August 25, 2014, Defendants B and B, and lessor J visited the above brokerage office to request Defendant C to prepare a lease contract for the instant apartment.

Accordingly, the defendant C confirmed the identity card (the resident registration certificate in the name of J and the driver's license in the name of defendant B) of the wounded in his name, and read the entire certificate of registered matters.

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