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(영문) 대구고등법원 2019.01.23 2018나21822

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against Defendant D, which exceeds the following amount ordered to be paid, is revoked.

Reasons

1. Basic facts

A. Defendant F Co., Ltd. (hereinafter “Defendant F”)’s position as the Defendants is a company aimed at housing projects, construction projects, etc., and Defendant E again served as the representative director of the Defendant Company from April 28, 201 to August 19, 2014, from August 19, 2014 to February 27, 2015, and from February 27, 2015 to February 27, 2015.

B. 1) On December 2014, 2014, C concluded the first investment agreement of this case (hereinafter “instant development project”) with respect to the redevelopment project for the Republic of Korea, Ulsan-gu G, and six parcels promoted with the Plaintiff who substantially operated the Plaintiff Company B, and the Plaintiff who operated T (hereinafter “B”).

(2) On January 28, 2015, the Plaintiffs concluded an investment agreement (hereinafter “the instant primary investment agreement”) with the Defendant Company as the Defendant Company as the Defendant Company’s Promotion Fund for the New Apartment Complex Construction of the Nam-gu H redevelopment Zone, and with C as the Defendant Company’s guarantor, concluded an investment agreement with the Defendant Company as the Defendant Company’s guarantor (hereinafter “the instant primary investment agreement”).

3) The authenticity of the entire document is presumed as it is identical to the seal impression of the first written investment agreement (No. 2 attached to the said written investment agreement) of the Defendant Company on February 5, 2015 (the seal impression of the Defendant Company is affixed to the above employee seal impression of the Defendant Company, and the Defendant Company’s certificate issued on January 2, 2015 is attached thereto).

Although Defendant D asserts at the trial that this case’s primary investment agreement was forged, there is no evidence to reverse such presumption and to prove that the said investment agreement was forged.

(b).