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1. The Plaintiff:
A. Defendant B and F jointly share KRW 157,123,287 and related thereto from December 16, 2017 to July 5, 2019.
Reasons
1. Facts of recognition;
A. Defendant B, D, E, and F (hereinafter collectively referred to as “Defendant B, etc.”) conspired to acquire the loan of the lease fund from H (hereinafter “H”) on the basis of the apartment lease agreement prepared falsely.
On September 24, 2014, the aforementioned Defendants shared their mutual roles, and entered Defendant G as a broker, and filed a false lease agreement with Defendant C, Seongdong-gu Seoul, Seoul, the wife of Defendant D, for lease deposit KRW 300 million, and from October 2, 2014 to October 1, 2016, on the basis of which Defendant C applied for a lease loan to H on September 25, 2014 in the name of Defendant B.
Defendant B received the above loan, and on September 25, 2014, upon which Defendant B created a pledge on the claim for the refund of the lease deposit against Defendant C under the above lease agreement.
H on October 2, 2014, deposited 125,00,000 won of loans to the bank account under Defendant C’s name, and Defendant B, etc. withdrawn it and acquired it through H.
Defendant G, a licensed real estate agent, did not actually act as a broker for the above lease contract, but did not confirm whether it is a genuine lease contract, the Defendant G created the above lease contract with the fee of KRW 100,000 at the request of Defendant B, etc. and entered himself as a broker who arranged the above contract.
The conviction of fraud against Defendant B, etc. was finally affirmed due to the above criminal facts.
B. In dealing with H and H’s monthly loan loan, the Plaintiff concluded an insurance contract for the right to loan for the previous monthly loan (hereinafter “instant insurance contract”) within the scope of KRW 137,500,000, which covers damage, etc. caused by legal defects in the lease agreement.
H has suffered losses due to Defendant B, etc.’s fraudulent act, and insurance proceeds to the Plaintiff according to the instant insurance contract.