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1. The judgment of the first instance is revoked, and the plaintiff's main claim is dismissed;
2. The plaintiff as added by this court.
Reasons
1. The Defendant is a person who operates the F Licensed Real Estate Agent Office, and D was working at the said Licensed Real Estate Agent Office as a broker assistant from January 3, 2011 to October 31, 2012.
D prepares a false lease agreement as if he/she leases 305 (hereinafter “instant real estate”) in the name of Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “instant real estate”), which was owned in the name of private village B, to receive a loan as security, and on January 14, 2013, between B and G, a lease agreement between KRW 300 million on the instant real estate and the term of lease from February 27, 2013 to February 27, 2015 (hereinafter “instant lease agreement”).
D As the Defendant had mediated the instant lease contract, D entered the Defendant’s name in the brokerage column of the instant lease contract and affixed the Defendant’s seal.
A around February 25, 2013, around February 25, 2013, submitted the instant lease agreement to the Bank of Korea (hereinafter “Korea”), and entered into a loan transaction agreement between Korea and Korea (hereinafter “instant loan transaction agreement”) with loans of KRW 170 million, and the loan period from February 27, 2013 to February 27, 2015 (hereinafter “instant loan transaction agreement”).
After that, on February 27, 2013, our bank deposited KRW 170 million in the account of B, and B delivered the said money to D.
From February 27, 2013 to February 27, 2015, in relation to the instant loan between the Plaintiff and the Plaintiff on March 4, 2013, the Bank concluded an insurance contract for the right to loan of pre-tax loans with the coverage period of the instant loan from February 27, 2013 to February 27, 2015.
After that, on February 19, 2016, the Plaintiff paid 186,981,981 won (the principal of the loan 170,000,000 won) as insurance proceeds to the Bank (the interest 16,981,981,981 won from February 27, 2015 to February 18, 2016).
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings
2. The assertion.