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(영문) 서울중앙지방법원 2019.11.07 2018가단5176212
구상금
Text

1. The Plaintiff:

A. Defendant B is KRW 136,414,418, and the annual rate from May 31, 2018 to July 16, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a right insurance contract with E Co., Ltd. (hereinafter “insured”) for real estate leasing loan as follows:

B. The loan of KRW 290,00,000 to October 24, 2017 during the lease period of KRW 200,000 from October 25, 2015 to May 4, 2015 to May 4, 2018 - the loan of KRW 200,00,000 to May 4, 2015 between the loan of KRW 200,00,00 and the loan of KRW 200,00,00 from May 4, 2015 to May 4, 2018.

B. Defendant B, etc., (1) J and Defendant B, pursuant to the proposal of K, one-time L, etc., known through the Internet lending site, set up a pledge on the deposit for lease on a deposit basis when financial institutions lend the deposit for lease on a deposit basis, and did not register the establishment of a right to lease on a deposit basis, and by taking advantage of the fact that only interest is paid during the lease period and the principal is not repaid, Defendant B, etc., the father G of J as the object of the lease on a false lease contract using the fact that Defendant B, etc.’s father G-gu H apartment I as the object of the lease on a deposit basis and conspired to acquire the loan from the insured. On September 26, 2015, Defendant B, etc. visited the M Licensed Real Estate Agent’s office operated by Defendant D, and asked Defendant D to prepare and deliver the said apartment as the object of the lease on a deposit basis (a lease:G, lessee:B, and the lease deposit:290 million won).

(2) In this process, Defendant D entered the purport that he/she would deliver a confirmation and explanatory note of the object of brokerage in the above charter contract even if he/she actually does not intermediate the conclusion of the above charter contract, and is deemed to be a charter contract under which he/she would act as a normal intermediary and confirm legal relationship by entering his/her trade name in the column.

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