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(영문) 수원지방법원여주지원 2015.09.03 2014가합11320

손해배상(기)

Text

1. The Defendants jointly pay to the Plaintiff KRW 160,000,000 and the interest rate thereon from December 11, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On May 9, 2011, the Plaintiff made an investment agreement between Defendant B (However, Defendant B actually operated Defendant B, and Defendant B was merely a representative director in form) on behalf of the E company (hereinafter “E”), and the Plaintiff entered into an investment agreement (hereinafter “the instant investment agreement”) with the content that the Plaintiff would transfer the ownership of the instant land to the Plaintiff if the Plaintiff fails to implement the agreement within the said period, and Defendant C and D guaranteed the instant investment agreement on the same day.

(hereinafter “instant guarantee agreement”). B.

In addition, the Plaintiff was issued from Defendant B a letter to the effect that “Defendant B and E shall complete the civil engineering work within three months after obtaining the development permission for the instant land, and shall complete the sale within four months, and shall transfer the ownership of the instant land to the Plaintiff where the sale is not carried out smoothly.”

C. According to the instant investment agreement, the Plaintiff paid KRW 160 million in total, including KRW 40 million on May 18, 201, KRW 10 million on June 30, 201, KRW 20 million on July 19, 201, and KRW 160 million on July 19, 201 (hereinafter “instant investment”).

However, Defendant B and E have failed to develop the instant land because they failed to appropriately procure development costs. On January 16, 2012, Defendant B and E have to complete the division of the instant land and the transfer of ownership until May 30, 2012. If Defendant B and E have failed to perform this, Defendant B and E have to complete the division of the instant land and the transfer of ownership until May 30, 2012, including the instant investment amount of KRW 160 million, losses, and compensation costs. < Amended by Presidential Decree No. 23800, Jun. 1, 2012>