beta
Text
1. Defendant B and Defendant C jointly share KRW 274,925,000 to the Plaintiff and Defendant B from November 8, 2018.
Reasons
1. Facts of recognition;
A. On December 30, 2017, E entered into a sales contract with the purchase price of KRW 788,000,000 for an apartment located in the F (hereinafter “instant apartment”) located in Sungsung-si, Gyeonggi-do. The said apartment was registered as a mortgagee, the maximum debt amount of KRW 480,000,000.
B. E, a part of the remainder, agreed to obtain a loan with H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) by offering the instant apartment as collateral, and the Nonparty Co., Ltd. agreed to cancel the registration of establishment of a collateral in the name of GB bank and set up a collateral security of the non-party Co., Ltd. by cancelling the registration of establishment of a collateral in the name of GB bank.
C. In connection with the instant collateral security business, the non-party company handled the instant loan to a certified judicial scrivener designated by the non-party company, and approved the instant loan under the condition that the non-party company will receive and proceed with the loan instead of immediately paying the loan to E, and the above E consented thereto.
In relation to the loan agreement of this case, the non-party company delegated the repayment of loans to G Bank and the registration of the establishment of a collateral security in the name of the non-party company to the defendant B, who is acting for the registration business of this case, and transferred loans of KRW 279,925,00 to the defendant B's account around March 26, 2018.
Defendant B transferred all the remitted amount to Defendant C’s account, the office manager.
E. However, Defendant C, instead of repaying a loan with the money remitted from Defendant B, has been appropriated as personal debt repayment and gambling funds. Nonparty C, by recognizing the occurrence of such an accident, subrogated repayment of loans to G Bank KRW 297,811,298 on April 9, 2018.
F. The non-party company concluded a comprehensive compensation insurance (BB) with the Plaintiff prior to the instant loan. The act of an agent, such as the embezzlement of this case, constitutes the scope of the said insurance coverage.
Accordingly, the Plaintiff.