1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 21, 2012, the non-member of the name card forged F's identification card, the owner of Goyang-gu D apartment E (hereinafter "the instant real estate"), so as to obtain money for the loan for the entire loan, and then requested the establishment of a false lease contract with C to visit the office of the licensed real estate agent operated by the defendant with C on September 21, 2012 and make it pretended to be F, thereby making C the tenant. The defendant trusted the forged identification card presented by the non-member of the name card and prepared and executed the pre-lease contract.

B. C on September 26, 2012, accompanied by the aforementioned lease agreement, filed an application for a loan of the entire loan with G Bank, and G Bank paid KRW 60,000 as a loan on October 5, 2012.

C. The Plaintiff is an insurer who entered into an insurance contract with the G Bank for the right to borrow a monthly loan.

On October 8, 2012, G Bank reported by the investigating company that C was unable to move into the real estate of this case because C was unable to receive keys from the lessor, and confirmed that the Defendant directly visited the household and confirmed that the existing monthly tenant still resides.

E. On October 12, 2012, G Bank notified F, the genuine owner of the instant real estate, of the wrongful use of the name.

F. C filed a complaint with the Goyang Police Station on October 17, 2012, asserting that he/she was guilty of his/her name from his/her poor person.

The G Bank presumed that C was also recruited, delivered a written opinion on it to the police station, and received the insurance accident to the plaintiff.

G. On November 9, 2018, the Plaintiff paid KRW 66,000,000 of the insurance proceeds from the instant accident to the G Bank.

[Ground of recognition] Facts without dispute, evidence A1 to 8, purport of whole pleadings

2. Determination

A. The plaintiff's assertion is that the defendant visited the real estate of this case before the formation of the apartment charter contract with a licensed real estate agent holding the certificate of qualification and directly confirms the actual owner and lease status, etc., and also confirms the case.