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1. Defendants B, C, and D jointly share KRW 163,200,000 to the Plaintiff and their interest from May 9, 2019 to July 12, 2019.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an insurance contract with F Co., Ltd. (hereinafter “F”) for the right to loan funds for the lease on a deposit basis for real estate (hereinafter “instant insurance contract”).
G F F F B C HI
B. On March 28, 2018, Defendant B (Lessor), C (Lessee), and D were sentenced to imprisonment with prison labor for 10 months for the following facts constituting a crime, Defendant C was sentenced to imprisonment with prison labor for 6 months, and Defendant B was sentenced to imprisonment with prison labor for 8 months.
In the above judgment, the part against Defendant E was revised by referring to the evidence in this case, and the above judgment seems to have become final and conclusive). The Defendants and J, around June 2015, purchased J apartment I (hereinafter “the apartment of this case”) in the name of Defendant B in Jin-si (hereinafter “the apartment of this case”) in the name of Jin-si (hereinafter “the apartment of this case”) and offered in order to acquire the loan from Defendant C by taking out the loan from the financial institution on the ground that the Defendant C was falsely lessee and obtained the loan (a total amount of KRW 177 million).
Accordingly, around June 20, 2015, Defendant C and Defendant B prepared a false real estate lease agreement stating that “Defendant C shall rent the instant apartment from Defendant B to KRW 170,000,000” in the office of the M Licensed Real Estate Agent in the operation of Defendant E, which is located in Jinju City, and Defendant C presented the aforementioned false lease agreement at the office of the above licensed real estate agent on June 29, 2015 when applying for a loan to employees in the name of the victim F in the above office of licensed real estate agent, and then acquired the said lease agreement from the victim F to the N bank account in the name of Defendant B on July 6, 2015.
C. The Plaintiff, as an insurer of the instant insurance contract, is the insurer of the instant insurance contract, and KRW 188,306,762, which was the amount of losses in advance and interest in arrears collected, which was 188,306,762.