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(영문) 서울중앙지방법원 2017.08.23 2016가단5252143
구상금
Text

1. The Defendants jointly share KRW 107,800,000 with respect to the Plaintiff and the Plaintiff’s amount from July 10, 2015 to April 11, 2017.

Reasons

1. Facts of recognition;

A. On December 2013, the Defendants conspired to obtain the loans from financial institutions by means of a false charter contract.

B. Accordingly, around December 10, 2013, Defendant A and B drafted a false lease agreement with the lessor, Defendant B, and Defendant A, with respect to D apartment 206 dong 205 (hereinafter “instant real estate”) owned by Defendant B, with respect to the lease deposit amounting to KRW 125,00,000,000, and the lease term from December 20, 2013 to December 20, 2015, respectively, from December 20, 2013 to December 20, 2015.

C. On December 11, 2013, Defendant A applied for a loan of security deposit on a deposit basis by submitting documents necessary for the loan, such as a charter deposit contract with a false content to the Young Life Insurance Co., Ltd. (hereinafter “Seo Life Insurance”).

On December 20, 2013, when the above lease contract was believed to be genuine, the KLA entered into a free loan agreement with Defendant A on December 20, 2015 and paid KRW 97,935,000 to Defendant B’s account in the name of Defendant B.

(hereinafter “instant loan”).

E. On December 23, 2013, the Plaintiff, as an insurer, concluded an insurance contract on the right to a monthly loan and the life insurance contract on the instant loan. The insurance amount is KRW 107,800,000, and the insurance period is from December 20, 2013 to December 19, 2015.

F. On July 9, 2015, the Plaintiff notified Defendant A and B of the occurrence of an insurance accident under the insurance contract due to Defendant A’s loan fraud, and assessed the total amount of KRW 115,685,881 as the principal and unpaid interest of the said loan until May 20, 2015, and paid KRW 107,80,000 as the purchase price of the said insurance to the Kant Life Insurance.

[Based on the recognition] between the plaintiff and the defendant A: Statement Nos. 1, 2, 4, 5, 10, 11, 14, 16, 17-1 through 3, 18, 19, and 19, as a whole, and the purport of the whole pleadings, between the plaintiff and the defendant A

2. The cause of the action.

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