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(영문) 의정부지방법원고양지원 2014.06.20 2013가합52059

손해배상(기)

Text

1. The Defendants are 120,000,000 won to each Plaintiff and 5% per annum from February 1, 2012 to November 22, 2013.

Reasons

1. Basic facts

A. (i) On November 201, the Plaintiff was recommended by Defendant C, etc. to make an investment that, when the Defendant B, etc. invested in developing F forest land 8,132 square meters and G forest 11,570 square meters (hereinafter “instant real estate 1”), Defendant B, etc. at the time of Pakistan, he would be able to obtain a large amount of profit. On December 7, 2011, Defendant B, C, and D would like to develop the instant real estate 1 from Defendant B and sell the housing in lots, and would make an investment of KRW 150,000,000,000 including the return on investment, if the amount of investment is short of 10,000,000 won in selling the housing.

B. On December 8, 2011, the Plaintiff and the Defendants were engaged in only or development activities at the second-class law office of the 2nd-class Gyeonggi Building, Seoul Special Metropolitan City, the second-class law office of the 2nd-1 Gyeonggi Building, and the profitability is good. The Plaintiff entered into an investment agreement with H (the representative director: Defendant B) with respect to the development project of the instant land, and paid KRW 100 million. The Plaintiff received a promissory deed from H and Defendant C with respect to the promissory deed of KRW 150 million.

Defendant B prepared an application for the sale contract with the Plaintiff, stating that “The development activities on the land No. 1 of this case are late, and the development activities on the land No. 2 of this case are conducted first on the land No. 8,515 square meters and J Forest No. 1405 square meters (hereinafter “instant land”). If additional investment is made, the Plaintiff may pay KRW 25 million including the investment profits, and the investment profits on the land No. 1 of this case. 25 million including the investment profits. If the investment is not returned, the Plaintiff would sell one house to the Plaintiff, and on February 1, 2012, the Plaintiff paid KRW 20 million to Defendant B of this case.

B. (1) The Defendant B was aware of not investing in development activities even if he received the said money from the Plaintiff, and was able to use the said money as bond repayment and living expenses, etc., and received the said money even if he did not have any other revenue or property and did not have any intent or ability to make the Plaintiff make the said payment in addition to the principal.