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(영문) 대구지방법원 2016.01.14 2015가합203152

손해배상(기)

Text

1. The Defendants jointly pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from October 10, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. Non-party D is a director of E company established in Hong Kong and a person in charge of Korea (hereinafter “E”), and Non-party F raised money from the Hong Kong investment company as a member of the staff employed by D, the Plaintiff Company (the changed company prior to the change) who promoted real estate development projects in the Busan Dong-dong and Seocheon-gu, Seocheon-gu, Busan (hereinafter “Sacheon-dong Project”), which was promoting real estate development projects (hereinafter “each large-dong Project”), to raise foreign PF funds from the Hong Kong investment company and to receive money in the name of such expenses.

B. From the beginning of February 2010, D and F expressed to Nonparty H, the representative director of the Plaintiff Company, that “A consulting contract is concluded and KRW 250 billion is paid,” and that “A joint venture shall be established in Hong Kong and a necessary fund shall be raised through a joint venture after 45 days.” On March 25, 2010, D and F stated to the effect that “A request KRW 625 million under the pretext of the commencement money. Around March 25, 2010, the Plaintiff would have been preparing money in Hong Kong.” At the time of the commencement of the advisory contract, the Plaintiff stated to the effect that “A project is being carried out as originally provided by securing the ground and securing the land.”

C. However, E was not a company that is unclear in substance to attract overseas investment money, and D and F were located in Hong Kong and it was difficult to confirm its substance easily, using the fact that E were used to collect money from the Plaintiff Company in return for the cost of the Plaintiff Company and did not have the intent or ability to attract and pay the investment money.

D. On March 25, 2010, by deceiving the Plaintiff Company, and its affiliated members had the Plaintiff Company enter into a joint venture agreement for the introduction of the Hong Kong PF capital KRW 250 billion (hereinafter “instant advisory agreement”) at the office of Defendant C Co., Ltd. (hereinafter “Defendant Company”), and the said agreement between Defendant B, a director of the Defendant Company, and D around January 2010.