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(영문) 인천지방법원 2017.07.04 2016재가합46

손해배상(기)

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport.

Reasons

1. The following facts, such as the confirmation of the judgment subject to a retrial, are apparent in records or obvious to this court:

According to the Incheon District Court Decision 2014Gahap59589, the Defendants were co-defendants, and the Defendants did not properly investigate the Plaintiffs’ land and property located within the pertinent business district in relation to the F Development Project, and prepared false documents as if they did not actually agreed on the transfer fees. Since they committed tort such as collective assault against the Plaintiffs, they filed a lawsuit seeking damages equivalent to KRW 1.6 billion in total, including KRW 30 million in property taken by the Plaintiffs, KRW 200 million in compensation for damages caused by collective assault, KRW 50 million in compensation for damages caused by such collective assault, KRW 30 million in compensation for damages caused by such collective assault, KRW 30 million in compensation for damages caused by the suspension of the Plaintiffs’ business, and KRW 300 million in compensation for the Plaintiffs’ workplace.

B. On April 29, 2016, the foregoing court rendered a judgment dismissing all the claims of the Plaintiffs on the grounds that the evidence submitted by the Plaintiffs alone is difficult to acknowledge that the Defendants committed a tort alleged by the Plaintiffs. Rather, the Defendants can only accept the Plaintiffs’ property and recognize the fact that the Defendants completed the process of vicarious execution (hereinafter referred to as “the judgment on review”) and the judgment subject to review became final and conclusive on May 25, 2016.

2. The main point of the plaintiffs' assertion was that the Defendants did not properly investigate the plaintiffs' properties while either either either either either accepting or vicariously executing the land or property located in the project district in relation to the F Development Project, including things not subject to enforcement, and forged or falsely preparing relevant documents as if they did not grant the plaintiffs the transfer fee, and destroyed evidence.