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(영문) 서울중앙지방법원 2020.10.15 2019가단5121936
구상금
Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 33 million and as to this, Defendant B from May 1, 2019 to June 1, 2019.

Reasons

1. Basic facts

A. Defendant B and C’s fraud, etc. 1) When Defendant C was in arrears with the interest on bonds, Defendant C’s proposal was obtained from an unbrupted bond business owner, and Defendant C’s F apartment G (hereinafter “E”) was the apartment of this case.

(2) Although there was no actual fact that the lease contract was entered into, Defendant B forged the lease contract for an apartment under the name of B with the influent bond company and Defendant B, and subsequently, Defendant C and B had the loan borrowed with the leased apartment loan contract for a forged apartment house, and had an awareness of the loan in the form of an instrument. Around August 26, 2011, Defendant C and B requested Defendant D, a licensed real estate agent, to prepare the lease contract for an apartment under the name of B and E, stating that the leased object was “the apartment, the lease deposit amount was KRW 130 million, and the lease period was up to September 11, 2013” (hereinafter “the lease contract for an apartment”). During that process, Defendant C and B voluntarily prepared and sealed the leased object in advance on the back of the name of E in the name of E under the previous lease contract for an apartment.

In addition, even though Defendant D did not actually act as an intermediary for the above lease contract and did not confirm whether Defendant B had the power of attorney, etc. to Defendant B and C, Defendant D prepared and delivered the above lease contract of this case to Defendant B and C, and signed his signature and affixed his seal on the broker column of the above lease contract of this case.

3) Defendant B (“instant bank”) around September 30, 201: (a) around September 30, 201; (b) Defendant B (“instant bank”).

(2) The Plaintiff filed an application for the loan of the deposit money using a forged pre-sale agreement, and the instant bank believed to be the truth of the pre-sale agreement under the instant pre-sale agreement, on October 6, 201, extended a loan of KRW 33 million (hereinafter “instant loan”) to B as security for the deposit money refund claim on the pre-sale agreement (hereinafter “instant loan”).

4) E around September 2016.

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