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(영문) 서울중앙지방법원 2019.04.09 2018나50057
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. The defendant is jointly with the co-defendant C and D of the first instance trial.

Reasons

1. Facts of recognition;

A. On March 5, 2013, the Plaintiff was a non-life insurance company which entered into a guarantee insurance contract with E bank to compensate for losses related to lending, and the Defendant is a person who runs the authorized brokerage business under the trade name of “G (H) Licensed Real Estate Agent” from the Gyeonggi-gu, Seoyang-gu.

B. The Defendant, on February 26, 2013, visited Co-Defendant C and D of the first instance trial, who visited the Defendant’s office on February 26, 2013, listened to only the horses of co-defendants of the first instance trial, and, on the first instance trial co-defendant D of the first instance trial, signed and sealed the lessor’s co-defendant D of the first instance trial, lessee, and the co-defendant C of the first instance trial from March 5, 2013 to March 4, 2015, the lease period of which was KRW 105,00,000 among the deposit, and the down payment of KRW 10,000,000 among the deposit money, to pay the remainder of the contract to the Defendant on March 5, 2013 (hereinafter “instant apartment”), and delivered the lessor’s signature and seal at the bottom of the first instance trial to C Co-Defendant D of the first instance trial (hereinafter “instant contract”).

C. At the time of the preparation of the instant lease contract, the Defendant did not directly verify whether the down payment has been actually paid between the lessor and the lessee, and also did not verify whether the remainder has been paid thereafter. There is no statement in the instant lease contract on the payment method of the balance or the payment account.

On March 4, 2013, Co-Defendant C of the first instance trial prepared a loan transaction agreement, loan consultation, and application form, along with the instant lease contract, and applied for a loan to E bank. On the other hand, Defendant C was granted a credit guarantee application amounting to KRW 75,60,000 from E bank under the name of Co-Defendant D of the first instance trial and received a loan of KRW 84,00,000 from E bank account in the name of Co-Defendant D on the ground of the credit guarantee application.

(hereinafter “instant loan”). (e) The instant loan is made.

Co-defendant C of the first instance trial shall make the instant loan.

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