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(영문) 서울중앙지방법원 2020.08.14 2019나59747
손해배상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The party status of the Defendant is the owner of the Ocheon-gu C Apartment D (hereinafter “instant house”), E, the false lessee, and F, who are presumed to have leased the instant house, and the real estate agent operating the H real estate agent’s office of the H real estate real estate agent (hereinafter “H Licensed Real Estate Agent Office”) in Ocheon-gu, Busan.

B. The Defendant, the defrauded of the loan and the Defendant, the E, and the F conspired to prepare a false lease contract as if they entered into an actual lease contract between a false lessor and a false lessee in order to acquire the house lease fund from a financial institution.

Defendant, E, and F did not have any idea to actually lease the instant house to E, and had been able to obtain the loan from the victim A by using a false loan contract, and had no intent or ability to repay the loan to the victim, even though H Licensed Real Estate Agent Office around August 20, 2014, the Defendant prepared a false loan contract for the instant house with the lessor as the lessee, Eul as the lessee, and then acquired the said loan from the Defendant by submitting a false loan contract with the Defendant’s employees around August 29, 2014, with the period of maturity of KRW 77 million as the loan for the loan for the loan for the loan for the loan for the loan for the lease.

C. On September 17, 2015, the Korea Housing Finance Corporation paid part of the principal amount and interest from October 29, 2014 to September 16, 2015 to the Plaintiff on September 17, 2015, and the principal amount of the loan remains KRW 5,85,860 as of September 16, 2015.

The defendant of the related case is liable to pay a fine of 2 million won on June 18, 2018 to the Incheon District Court Branch Decision 2018 High Court Branch Decision 201Da3384, which is a crime of fraud.

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