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(영문) 서울중앙지방법원 2020.12.22 2020가단5216618
구상금
Text

1. The Defendants jointly do so to the Plaintiff KRW 132,00,000 and Defendant B from January 1, 2020 to October 20, 2020.

Reasons

As to the claims against Defendant B and D, the reasons for the claim shall be as specified in the attached Form indicating the claims.

Defendant B of the applicable provisions of law: Defendant D: (a) in the judgment by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant C: (b) based on the facts as to the claim against Defendant C; and (c) Defendant C, around October 2014, intended to sell the F Title (hereinafter “the instant loan”) from among the E-type E-type E-type building in the name of Defendant D in Gwangju City, the title of which was nominal by Defendant D to Defendant C, to sell the purchase price of KRW 150 million; (c) however, even though the completion of the contract was pretended to have entered into a lease agreement with the Bank on the instant loan as if the deposit was 150 million won; (d) Defendant C was able to receive a loan from the bank to cover the purchase price; and (e) Defendant D made a fake lease agreement with the aforementioned content attached his seal on the said lease agreement.

Defendant B applied for a loan to G Bank around November 4, 2014, and entered into a loan agreement by submitting the aforementioned fake loan agreement, and received KRW 120 million from G Bank around November 7, 2014.

(Loan is paid to the HB bank account in the name of Defendant D). Meanwhile, while G Bank created a pledge on the claim for the refund of the above lease deposit from Defendant B for the purpose of securing the above loan claim, the above lease contract was null and void, as well as the above lease contract was null and void. Defendant B, who completed the registration of ownership transfer after the above loan, established several collateral mortgages on the loan of this case and sold the loan of this case by auction after Defendant B established several collateral mortgages on the loan of this case.

Accordingly, on December 31, 2019, the Plaintiff paid KRW 132,000,000, insurance money corresponding to part of the balance of the principal and interest of a loan on a deposit basis, pursuant to the previous monthly loan insurance contract concluded with the G Bank on the instant loan loan.

The Defendants are on the one hand.

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