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(영문) 대구지방법원 2020.12.02 2019나4654

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and that part is against the Defendants.

Reasons

1. Basic facts - Defendant D Co., Ltd. is a company conducting real estate development business, etc., and Defendant B and C are the former representative director of Defendant D Co., Ltd at the time of around August 2017.

- On August 17, 2017, the Plaintiff concluded a joint development agreement with the Defendants.

The content is that the Plaintiff and the Defendants jointly invest and purchase the F orchard 369 square meters, G orchard 651 square meters, and 1024 square meters prior to H (hereinafter “instant three parcels”) in order to obtain profits by developing the said three parcels as agricultural-related facilities.

- According to the above joint development agreement, the Plaintiff agreed to invest KRW 20 million and Defendant B, respectively, but in fact, the Plaintiff invested KRW 320 million in total (i.e., KRW 150 million in cash) (i., KRW 170 million in cash).

- The Defendants purchased each of the instant land with the said investment deposit and registered it in the Plaintiff and Defendant C.

- The Plaintiff raised an objection against the fact that the registration was made in the future of the Plaintiff and Defendant C even though the Defendants did not fully invest in the money.

Accordingly, around December 19, 2017, the Defendants prepared the “Agreement” (hereinafter “Agreement”) and delivered it to the Plaintiff.

The summary of the instant agreement is as follows.

“In fact, Defendant C does not have any investment money. This may act against the Plaintiff, who is a joint owner of land in the future, so it is difficult to maintain the joint development agreement. Accordingly, Defendant B, the representative of Defendant D Co., Ltd., promises to adjust bank loans from Defendant C to another nominal owner, or sell land owned by it to sell it to the joint owner so that mutual development agreement with the Plaintiff can be concluded.” - “The joint owner of land shall be re-owned within 180 days from January 2018 to March 20, 2018.”