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(영문) 대구고등법원 2018.01.24 2017나20983

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The relevant Plaintiff is punished by C, and D is the subject of the Plaintiff and C.

Around November 2013, Defendant (a person who has served as an auditor of Q Co., Ltd.) received golf lessons from the Plaintiff in a screen driving range operated by the Plaintiff, and he stored them for friendship with the Plaintiff.

D The Plaintiff was introduced from the Defendant on December 2, 2013, the E field E 2,486 square meters (hereinafter “1 land”) around the same time as the site for the construction of a golf practice range, and around December 2013, the Plaintiff was introduced from the Defendant.

However, F (a person who was well known to the Defendant and was in office as a representative director of Q Q Co., Ltd.) already concluded a sales contract with G (J, the representative of the IJ), the owner of the first land at that time, to purchase the first land in KRW 30 million.

Accordingly, the Plaintiff entered the trade name “H” in the agreement with the Defendant on January 25, 2014, which was signed by the Plaintiff as of January 25, 2014. However, in light of the fact that F and the Defendant are executives of “B” as of February 11, 2014 under the agreement on the building contract of “B” as of February 6, 2014, the Defendant appears to refer to “P” of “P” of the above stated land as of February 15, 2014, and then, it appears to refer to “P” of “P” of “B” as of the land as of February 15, 2014, and the ownership transfer registration was completed with respect to the land as of February 15, 2014, sold the land 1 to D until February 41, 2014,3.6 million won (i.e., ordinary x 552 million won (i., KRW 50 million).

(No. 5) Accordingly, D remitted to the Defendant KRW 20 million on January 27, 2014, KRW 10 million on February 4, 2014, KRW 30 million on February 5, 2014, KRW 13.6 million on February 6, 2014, respectively, and remitted KRW 10 million to J, the representative of the I clan (hereinafter “I clan”) on February 4, 2014.

[The sum of the transfers] KRW 83.6 million (F.D.).