beta
(영문) 광주지방법원 2015.05.28 2014가합58643

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 17, 2012, the Plaintiff’s fraud, D and the Defendants concluded a partnership agreement with the Defendants stating that they operate a screen golf course with the trade name “F in the second floor in Gwangju Mine-gu” (hereinafter “instant screen golf course”). D and the Defendants’ shares are 1/3 each, respectively.

On July 23, 2012, the Plaintiff and the Defendants entered into a partnership agreement by partially amending the partnership agreement, such as changing D among policyholders under the above partnership agreement to the Plaintiff.

However, the Plaintiff did not participate in the operation of the screen golf course of this case, and D participated therein, and the proceeds received by D.

D around December 2012, Defendant B requested Defendant B to purchase his share in the instant screen golf course. Defendant B agreed to the value of D and the instant screen golf course at KRW 720,000,000, and paid D 240,000,000 (=720,000,000 x 1/3) around December 26, 2012.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary cause of claim 1) : Joint tort Plaintiff and the Defendants concluded a partnership agreement on the instant screen golf course on July 23, 2012; thus, the Plaintiff is a partner of the instant screen golf course. Even if so, the Defendants drafted a partnership agreement with the Plaintiff, and knew that the source of investment in the instant screen golf course was the Plaintiff. Therefore, even though the Defendants were obliged not to return the investment amount to D without the Plaintiff’s consent or the Plaintiff’s notification, they returned the investment amount to D in violation of the said obligation. Therefore, the Defendants were jointly and severally liable to compensate the Plaintiff for damages, and the Defendants were jointly and severally liable to pay the Plaintiff KRW 240,000,000 and delay damages therefrom. (ii) Defendant B was the Plaintiff on July 25, 2014.