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(영문) 서울중앙지방법원 2017.10.17 2015가단5390321
구상금등
Text

1. The Plaintiff:

A. Defendant A is 54,329,350 won and 12% per annum from August 14, 2013 to August 31, 2015;

Reasons

1. Basic facts

A. Defendant C, a licensed real estate agent, along with other accomplices, prepared a false charter agreement with the lessee to move into a house owned by the lessor as a whole, even though there is no real lease relationship by recruiting a false lessee or a lessor through D, which is a recruitment policy for a lessor and a licensed real estate agent, and subsequently, Defendant C, a licensed real estate agent, in the name of the lessee, conspired in order to divide the loan into the account under the name of the lessor by submitting a false charter agreement with the financial institution while applying for a loan

B. On May 21, 2015, Defendant C was sentenced to imprisonment for more than 20 years and six months for a fraudulent crime, including “the crime of April 9, 2012,” in Seoul Southern District Court Decision 2014 senior 4769, 2015 senior 110 (merger), Defendant C was sentenced to imprisonment with labor for more than 20 years and six months for a more than 20 cases of fraud, including “the crime of April 9, 2012,” and the victim, lessee and lessee, Defendant A, lessor B, and 58 million won,” and the appeal was dismissed on October 22, 2015. The above judgment became final and conclusive around that time.

C. On April 5, 2012, Defendant C, a licensed real estate agent, prepared a false apartment charter agreement (hereinafter “the lease agreement of this case”) with Defendant A, stating that Defendant A would lease the F apartment No. 5 and 606 (hereinafter “the apartment of this case”) owned by Defendant B to KRW 100 million.

(B) The lease contract of this case is judged to be false without the intention of the Defendant A to lease according to the criminal judgment finalized by the above paragraph (D).

Defendant A is a 'Korea Bank' below Korea on April 9, 2012.

As above, the submission of a false contract on the lease of this case, false certificate of employment, etc., and the Korean bank applied for the loan of the lease of this case, and on the same day, the Korean bank is the account in the name of Defendant B, a lessor.

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