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(영문) 서울중앙지방법원 2020.06.19 2019나80314
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 31, 2014, the Defendant: (a) as a licensed real estate agent, arranged a lease agreement with respect to the sale apartment and D (hereinafter “instant real estate”); and (b) as stated in the said lease agreement (hereinafter “instant lease agreement”) around October 31, 2014, the details of the lease agreement are as follows.

A lessor: F deposit amount: 160,000,000 won: From November 16, 2014 to November 15, 2016

B. The Plaintiff entered into a loan transaction agreement and the Plaintiff’s loan execution 1) around November 14, 2014, and the following terms and conditions are as follows with F, a lessee of the instant real estate (hereinafter “instant loan transaction agreement”).

A) At the time, F had concluded the instant loan agreement with the Plaintiff, on November 14, 2014, submitted the loan amount of the National Housing Fund loan of the National Housing Fund in the loan section to the Plaintiff on November 14, 2016. (2) On November 14, 2014, the Plaintiff performed the loan to F in accordance with the instant loan transaction agreement, and transferred the loan amount of KRW 90,000,000 (hereinafter “instant loan”) to the account in the name of E in the name of the lessor under the instant loan agreement.

C.F’s fraudulent loan 1) The Plaintiff became aware of the fact that F entered into the instant lease agreement with F in a false manner in the course of demanding F to repay the principal and interest pursuant to the instant loan transaction agreement with the Plaintiff. On the ground that F and E (Defendant) requires money without the intent to actually make a lease contract, the Plaintiff conspired with the lessor and the real estate broker, etc. to obtain the withdrawal of the government fund from the former government fund in advance, and accordingly, drafted a false contract in collusion with the lessor and the real estate broker, etc. to obtain the withdrawal of the government fund from the former government fund. As such, F requested for a loan of the funds prior to the Seocho branch, and remitted the government fund loan to the lessor’s account.

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