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(영문) 서울중앙지방법원 2014.09.26 2013가합68462

손해배상 등

Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 150,000,000 and its amount from September 27, 2013 to September 26, 2014.

Reasons

1. Basic facts

A. Defendant D related to the parties is a person who actually operates Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant E is a representative director in the corporate register of Defendant C’s children.

B. On November 15, 201, the Plaintiff introduced a cosmetic business in the name of “F” operated as a membership system from Defendant B, which he/she became aware of in the course of the Plaintiff’s introduction. On November 15, 201, the Plaintiff registered the business in the name of Nonparty G, the Plaintiff’s children, and operated “F” business.

C. The Plaintiff’s purchase of Jeju-do land 1) Meanwhile, the Plaintiff became aware of Defendant D with the introduction of Defendant B, and the Plaintiff’s recommendation on March 23, 2012 owned by Nonparty H on March 23, 2012, and KRW 1,518 square meters of land outside I and three lots of land (hereinafter “instant land”).

(1) The contract to purchase KRW 60 million (hereinafter “instant sales contract”) for the purchase of KRW 1 billion (hereinafter “instant sales contract”).

(2) On April 4, 2012, the Plaintiff: (a) concluded a sales contract; (b) paid KRW 100 million on the date of the contract; (c) the intermediate payment of KRW 510 million on the date of the intermediate payment; (d) the Plaintiff agreed to accept KRW 510 million on the date of the intermediate payment; and (e) the remainder of KRW 450 million on the date of the intermediate payment; and (e) provided that the Plaintiff paid the remainder of KRW 450 million on the date of the intermediate payment. (b) On April 4, 2012, the Plaintiff established a “stock Company J” company to conduct the business of constructing the instant land lending (hereinafter “instant business”).

3) On May 21, 2012, when the Plaintiff additionally pays KRW 100 million to H with regard to the instant sales contract, the Plaintiff agreed to pay KRW 100 million to H, KRW 200,000,000,000,000,000,000,000,000 for the intermediate payment of KRW 510,000,000,000,000,000 as seen earlier, and the remainder of KRW 350,00,00,000,000 shall be paid until August 31, 2012. (d) The Plaintiff newly constructed a loan on June 1, 2012 with Defendant C and the instant land.