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1. Defendants B, C, and D: (a) KRW 334,271,162 to each Plaintiff and 5% per annum from November 30, 2018 to January 3, 2019.
Reasons
1. Facts of recognition;
A. Defendant B, C, and D purchased the F apartment G (hereinafter “instant apartment”) in the name of Defendant C, and prepared a false lease contract as if Defendant B did not actually rent the instant apartment, and conspired to have the leased money borrowed from financial institutions as collateral for the right to claim the return of the deposit from the financial institutions and divided it, even if Defendant B did not actually rent the instant apartment.
B. On September 30, 2016, Defendant B had Defendant E, a licensed real estate agent at the “J Licensed Real Estate Agent Office” located under the “J Licensed Real Estate Agent Office of the Dong-gu, Ansan-si, Ansan-si, and Defendant C and the instant apartment, without concluding a lease agreement, entered into a false lease agreement (hereinafter “instant lease agreement”) stating as follows: “Lease C, lessee B, security deposit of 400,000,000, and the lease period from October 17, 2016 to October 16, 2018; and the date of preparation of the lease agreement” (hereinafter “instant lease agreement”).
C. On October 7, 2016, Defendant B issued the instant lease agreement prepared as above to the person in charge of K Co., Ltd. (hereinafter “K”), and provided a security by creating a pledge on the right to claim the return of the false lease deposit, pretending to be a genuine right, and applied for a loan of KRW 300,000,000 in the name of Defendant B (hereinafter “instant loan”). On or around October 17, 2016, Defendant B received money from Defendant C in the name of the loan of KRW 300,000 in the name of Defendant B.
The Plaintiff entered into an insurance contract for the right to loan of monthly rent (hereinafter “instant insurance contract”) within the limit of KRW 360,000,000 in the event of losses in connection with the instant loan. On November 29, 2018, the Plaintiff paid KRW 334,271,162 of the insurance money as above insured events under the instant insurance contract to K.
E. Defendant B, C, and D are subject to this.