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(영문) 서울고등법원 2018.04.13 2017나2024821

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 5, 14-1, 8, 20 and Eul evidence Nos. 1 to 11.

The status of the parties was the president of the G Educational Council (G; hereinafter referred to as the "G Educational Council") located in the United States of Japan.

Defendant B is the president of the Defendant Cridge (hereinafter referred to as the “Defendant church”).

B. On January 26, 2014, H, a foundation for the sale and purchase of the Dogwon’s building, purchased the Dogwon’s building located in the Dogwon’s New Stocks of the United States (hereinafter “U.S.”) from the G school council to US$ 1 million (hereinafter “U.S.”).

Defendant D, E, and F were in charge of the negotiations on the purchase for H as an incorporated foundation.

The Incorporated Foundation H paid USD 85,000,000 on January 9, 2014 as the said purchase price through the JJ office, and USD 95,000,000,000,000,000,000,000,000, which was the remainder on February 13, 2014.

On February 19, 2014, the G Educational Association issued to H a foundation a certificate of rights to the said Dogwon building.

C. On April 30, 2014, H, an incorporated foundation, such as the transfer of the G church, shall accept all the property and operation rights of the G church in USD 9.30,000, and the transfer agreement to pay the Plaintiff the consolation money in USD 80,000, separate from the above transfer price (Evidence 5, hereinafter “instant agreement”).

Defendant D, E, and F were in charge of the above underwriting negotiation for H as an incorporated foundation.

The Incorporated Foundation H paid the acquisition price of USD 100,000 on May 12, 2014, and KRW 100,000 on June 11, 2014, respectively, in the form of Scro, either directly or through J law offices.

Around September 2014, the English contract embodying the content of the instant agreement was drafted. The said contract entered USD 7,30,000 in total and USD 810,000 in the purchase price, excluding USD 100,000 already paid and KRW 100,000 in the remainder of the acquisition price of Gents and USD 8,000 in the said contract.

September 5, 2014.