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1. The Defendants jointly share KRW 29,438,226 to the Plaintiff and 5% per annum from March 12, 2013 to June 22, 2016.
Reasons
1. Facts of recognition;
A. On December 28, 2010, the Plaintiff entered into an insurance contract between the Plaintiff and Hyundai Capital Co., Ltd. with Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) and the Plaintiff to compensate for the loans that could not be recovered by lending under the name of the Jeonn Capital as set forth below (hereinafter “instant insurance contract”).
The insured: The amount of insurance coverage from December 28, 2010 to December 5, 2012: 57,200,000 won: Dopo-si 337 Dong 1803 (hereinafter “the apartment of this case”): Dopo-si 337 Dong 1803 (hereinafter “the apartment of this case”).
B. Around December 20, 2010, the Defendants conspired to lend money for the lease of the apartment and the occurrence of an insurance accident (1) to the Defendants. The Defendants visited the E Licensed Real Estate Agent Office with no intent to lease the apartment of this case from Defendant A, and Defendant A was the lessee to rent the apartment of this case; Defendant B was the lessee to rent the apartment of this case; Defendant B, even though it was actually D, was carried out with D’s incidental father, and written an apartment lease agreement with the term of the lease from December 5, 2010 to December 5, 2012.
(2) After doing so, Defendant A submitted the above apartment charter contract to Hyundai Capital and applied for the loan of the pre-tax loan. Hyundai Capital C loaned KRW 52 million to Defendant A as a pre-tax loan.
(3) From September 2012, Defendant A agreed not only to delay the payment of interest but also to immediately repay the loan to Hyundai Capital Capitals, which appears to have been obtained by deception of the entire tax fund, but also to delay, Defendant A notified the Plaintiff of the fact of the insured incident on February 18, 2012.
C. The Plaintiff’s insurance money and the Defendants’ partial repayment (1) on March 11, 2013, the Plaintiff paid KRW 32,228,226 of the remaining damages of Hyundai Capital Capital according to the instant insurance contract to Hyundai Capital Capital.
(2) On the other hand, the Plaintiff, and Defendant A.