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1. Defendant B, C, and D jointly share KRW 220,00,000 with respect to the Plaintiff, and the period from March 20, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. On July 11, 2015, Defendant B and Defendant C had Defendant E, a licensed real estate agent, enter into a contract under which Defendant C’s mother of Defendant C set the Seocho-gu Seoul Metropolitan Government G Building and Hho (hereinafter “instant real estate”) as a deposit amount of KRW 250,00,000, and the period from August 22, 2015 to August 21, 2017 (hereinafter “instant lease contract”).
B. On August 6, 2015, Defendant B applied for a loan of KRW 200,000 to Plaintiff I (hereinafter “I”) on the basis of the instant lease agreement, and Defendant B entered into a pledge agreement with Defendant B on August 17, 2015 regarding the lease deposit claim under the instant lease agreement.
C. After that, I decided to grant Defendant B a loan of KRW 200,000,000 (hereinafter “instant loan”), and transferred the instant loan to an enterprise bank account in the name of F (hereinafter “instant account”) on August 21, 2015.
However, in fact, Defendant C prepared a lease contract on the instant real estate to Defendant C and received a loan from a financial institution, and then requested Defendant C to pay it. Defendant B accepted Defendant C’s proposal and drafted the instant lease contract with Defendant C in order to obtain a loan from Defendant C on the instant real estate owned by F along with Defendant C in a false manner.
F. The instant account has been used for more than one year by Defendant C, not for F, but for Defendant C actually managed.
G. Although Defendant B was delivered the instant real estate from F and did not actually reside with the director, Defendant B made a false statement on August 24, 2015 that he/she was living with the director at the time of confirming the status quo of the financial institution’s right investigation.
H. Ultimately, the instant lease agreement was concluded without obtaining legitimate authority from the genuine lessor F.