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(영문) 서울중앙지방법원 2019.09.04 2018가단5071805
구상금
Text

1. Defendants B, C, D, and E jointly share the Plaintiff KRW 66,00,00,000 and those related thereto from March 29, 2018 to January 31, 2019.

Reasons

1. Facts of recognition;

A. Defendant B, C, D, and E purchased the instant apartment G apartment H (hereinafter “instant apartment”) in the name of Defendant C, and prepared a false lease agreement as if Defendant B did not actually rent the instant apartment, and conspired to have the right to claim the return of the false lease deposit from the financial institution as collateral.

B. On February 7, 2013, Defendant B: (a) had Defendant F, a licensed real estate agent at the “K Licensed Real Estate Agent Office in Gyeyang-gu, Seoyang-gu; (b) concluded a false lease agreement (hereinafter “instant lease agreement”) stating that “A, lessee B, deposit 105,00,000 won, and the lease period from February 24, 2013 to February 23, 2015,” as the date on which the lease agreement was concluded, as if Defendant C and the instant apartment were leased without concluding the lease agreement.

C. On February 7, 2013, Defendant B (hereinafter “instant loan”) issued the instant lease agreement prepared as above to the said bank manager at the point in the Hansan-gu L, Seoyang-gu, Seoyang-si (hereinafter “U.S.”), and filed an application for a security by creating a pledge and a loan of KRW 60,000,000 in the name of Defendant B (hereinafter “instant loan”) by pretending that the right to claim the return of the false lease deposit was genuine right, and then, Defendant B received the said money under the name of the Defendant C’s N bank account around the 28th day of the same month.

The Plaintiff may, with respect to the instant loan, enter into an insurance contract for the right of monthly rent loan (hereinafter referred to as “instant insurance contract”) with M to compensate for losses or losses caused by forgery, fraud, undue pressure, or coercion, within the limit of KRW 66,00,00,00 in the event of damage.

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