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(영문) 서울남부지방법원 2018.08.30 2017가합104720

손해배상(기)

Text

1. The Defendant: (a) each of the Plaintiffs’ KRW 120,000,000; and (b) each of them to Plaintiff A from December 8, 2016 to Plaintiff B.

Reasons

1. Basic facts

A. The Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and Jeju Co., Ltd. (hereinafter “D”) carried out a project to newly build and sell a building called “F canal wells” on two parcels outside E (hereinafter “F canal wells”).

B. G was appointed as a D in-house director on June 17, 2014, and on October 31, 2014, G became the only in-house director as the representative director and other in-house directors both resign.

In addition, on October 20, 2016, the defendant company was appointed as the representative director.

C. On December 1, 2016, Plaintiff B, upon G’s recommendation, concluded a sales contract for other canal wells of this case by setting the price of KRW 240 million with Defendant Company as KRW 240 million.

The terms and conditions of the contract for sale in lots stipulate that the terms and conditions of the contract for sale in lots shall be specified as “in accordance with the separate agreement”, and the Plaintiff B entered into an investment agreement with D on the same day as the following:

The scope of services of Article 2 (Business Scope) D and Plaintiff B in the Investment Agreement shall be as follows:

1. Plaintiff B shall pay to D the sales contract amount of KRW 120 million with the other canal wells of the instant case as the sales contract amount of KRW 100 million.

2. D shall accept the Plaintiff’s request for re-sale of the right of sale, and shall pay 50 million won to the Plaintiff B the principal of the investment and the profits of the investment.

3. D shall pay 120 million won, out of KRW 170 million, including down payment and profits, until March 10, 2017, and the difference in KRW 50 million shall be paid as of June 1, 2017, but shall be mutually consulted at the time of registration for preservation after completion of the relevant house.

4.The above-mentioned content of the work may be adjusted under mutual consultation.

Plaintiff

B transferred total of KRW 120 million on December 1, 2016, and KRW 120 million on December 2, 2016 to D’s corporate bank account.

E. On December 8, 2016, upon the recommendation of G, Plaintiff A also concluded a sales contract with the Defendant Company for the instant canal wells of KRW 240 million with respect to the instant canal wells of KRW 101,00,000.