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(영문) 서울중앙지방법원 2016.06.23 2015가단120503

손해배상(기)

Text

1. The Defendants jointly pay to the Plaintiff KRW 173,00,000 as well as to the day of full payment from October 8, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 2012, Defendant A and Defendant Emympic Co., Ltd. (hereinafter “Defendant Empicz Co., Ltd”) determined construction cost of KRW 173,00,00 with respect to Nos. 401 and 402 of the E 4th E in Gangnam-gu Seoul and D, Seoul, and entrusted the office Empic work. The Plaintiff had not yet paid the construction cost even after the said Empic work was fully performed.

B. However, at the time of Defendant A and Defendant Emmotech, the Small and Medium Business Corporation could not obtain a loan of KRW 3 billion with policy funds, such as factory purchase funds, from the Small and Medium Business Corporation, but could have received the above loan and paid the construction cost. In addition, the Defendants enticed the Plaintiff as if they were capable of paying the construction cost by preparing a false lease agreement as if they were paid the above 401 and 402, even though the non-party F Co., Ltd. (the representative at that time was the owner of the above 401 and 402) did not receive KRW 500 million with the deposit for the lease from Defendant Emmotechtech, which was the owner of the above 401 and 402.

[Grounds for recognition] There is no dispute, or according to the purport of the entire statement and arguments set forth in Gap evidence Nos. 1 through 14, the defendants shall compensate for damages equivalent to the amount of the construction cost not paid to the plaintiff due to joint tort committed by deceiving the plaintiff and causing the plaintiff to perform the construction work. The defendants shall jointly pay damages to the plaintiff 173,00,000 won with compensation and damages for delay calculated at the rate of 15% per annum from October 8, 2015 to the date of full payment, as requested by the plaintiff.

2. Conclusion, ..