분양대금반환
1. The request is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 9, 2009, the Plaintiff asserted that the Plaintiff entered into a contract for KRW 39,500,000 for a total of three-dimensionals for Bluber contract cultivation cultivated by the E Committee at the time when he was not required from China, and the Defendant served as a member of the sale team at the time of the contract.
At the time, the plaintiff called an advertisement to recruit union members, and the defendant visited the company by having the defendant receive visiting counseling.
The defendant shows the documents to the plaintiff, and it was false that the plaintiff can receive annual earnings for 18 years.
Although the Plaintiff entered into a contract with the Defendant to believe the end of November, 2009, the Company paid 6.6 million won as a dividend for the benefit of November, 2009, and did not pay the dividend until now.
The defendant shall compensate the plaintiff for the total amount of the down payment on his responsibility for tort caused by fraud.
2. The Defendant asserted that only worked as a counselor according to the company’s business instruction and did not have any intention to commit fraud.
In this regard, there is no evidence to prove that the defendant had the intent to commit fraud in the facts consulted with the plaintiff and the defendant.
(3) On the other hand, the Plaintiff’s assertion on the premise that the Defendant constituted a tort by fraud is without merit.