손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion as to the cause of the claim was concluded between himself and the Defendants on December 29, 2010, with a contract for the purchase, processing, storage, and hanok construction work. Furthermore, as the Defendants did not proceed with the hanok construction work under a contract and embezzled part of the timber purchased by the Plaintiff in another place, and embezzled the cost of wood storage, sanction, and purchase cost of raw timber, the contract was rescinded by delivery of the complaint. Accordingly, the Defendant C shall return the down payment amount of KRW 7 million paid by the Plaintiff. Accordingly, the Defendant B shall pay KRW 40,304,138 in total as compensation for embezzlement, wood storage, sanction, and embezzlement of raw timber purchase cost. In addition, the Defendant C shall return KRW 3 million borrowed from the Plaintiff on January 31, 2010.
2. However, in light of all the evidence submitted by the Plaintiff, it is insufficient to acknowledge the establishment of a contract, embezzlement, and borrowing as alleged in the above, and there is no other evidence to acknowledge the facts. However, in full view of the whole purport of the arguments in Gap evidence 1-1 through 5, 2-2, Eul evidence 3, 4-1, 5-1, and 14, Defendant C, who is a wood tree, was engaged in the work of classifying and processing the raw timber, at the Plaintiff’s request, and was transferred KRW 10 million in total from the Plaintiff on January 31, 2010, and used the above work at the Plaintiff’s expense, all of which were subject to sanctions by the Plaintiff, and all of them were transferred to the Plaintiff at the expense of the Plaintiff, and the fact that Defendant B, who was operating a sanction, also supplied KRW 11,350,00 in total with the Plaintiff’s KRW 135,50 in total, or used it as sanctions.
3. As such, the Plaintiff’s restitution premised on the formation, embezzlement, and borrowing of a contract as alleged above.