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(영문) 인천지방법원 2016.02.04 2014가단9884

손해배상(기)

Text

1. Defendant B Co., Ltd.: 50,000,000 won and 20% per annum from February 20, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Claim against Defendant B

A. It is identical to the description in the corresponding part of the Defendant Company B (hereinafter “Defendant Company”) among the primary causes of claim as set forth in Paragraph 1, which is the cause of the change in the attachment of the claim.

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

C. Statutory damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on Partial Dismissals are arising from the day following the delivery of a duplicate of the complaint of this case, and statutory damages for delay are subject to the statutory interest rate of 15% per annum from October 1, 2015 pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 2(2) of the Addenda of the same Act. Therefore, the part claiming

2. The plaintiff filed a claim against the defendant C and D, the actual operator, the representative director, and the defendant C and D, who are the representative director of the defendant company, conspired by deceiving the plaintiff, and they receive KRW 22,543,500,000 from the plaintiff as the total amount of investment money, and the defendant C continued to deceive the plaintiff and receive KRW 22,543,50,000 under the pretext of monthly rent and construction cost. The defendant C and D, in collaboration with the defendant company, jointly with the defendant company, shall compensate the plaintiff for damages for the above total amount of KRW 20,00,000,000 out of KRW 22,543,50,000 out of KRW 79,000 in the name of the company operating expenses, monthly rent and construction cost, and KRW 1,543,500,000 in the name of KRW 1,500,000,000 in the above total amount of investment money, but there is insufficient evidence to acknowledge that the plaintiff's ground.

3. According to the conclusion, the Plaintiff’s claim against the Defendant Company is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. The Plaintiff’s claim against the Defendant C and D is dismissed as it is without merit.