손해배상 등
1. The Plaintiff:
A. Defendant D shall have full payment of KRW 78,678,00 for Defendant B, C, E, and each of them from January 4, 2017.
1. Determination as to the claim against Defendant D
(a) Indication of claims: It shall be as shown in the changed cause of claims; and
(b) Applicable provisions of Acts: Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act.
2. Determination as to claims against Defendant B, C, and E
A. The Defendants were indicted in summary on the Seoul Western District Court for fraud (Seoul Western District Court Decision 2016Da6231). On August 10, 2016, the said court issued a summary order of KRW 2 million for Defendant B and D, KRW 15 million for Defendant C, and KRW 7 million for Defendant E, and the said summary order became final and conclusive around that time.
Criminal facts of the above summary order are as follows:
The Defendants did not have the intent or ability to allow the Plaintiff to operate the brine restaurant even if they receive money from the Plaintiff under the pretext of the introduction fee to operate the brine restaurant at the construction site of the F development project.
Nevertheless, around August 2014, Defendant B and C concluded that “the right to operate a restaurant in the F development project site is generated. The operation of the restaurant will not interfere with life-long eating and drinking if it is operated on the 5 billion fake construction site. It is necessary to pay KRW 30 million with the deposit, and KRW 50 million with the placement cost.” Defendant D and E received from the Plaintiff on the 2nd floor of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, “The right to operate the restaurant is reduced to KRW 20 million with the down payment of KRW 20 million.” The introduction was made from the Plaintiff on October 1, 2014, to the Plaintiff on the same day under the name of the Seoul Special Metropolitan City, while the introduction was made within the limit of KRW 30 million.
Accordingly, the defendants conspired to deceive the plaintiff and defraud the plaintiff about 50 million won.
[Recognition] Facts without dispute, entry of Gap evidence No. 1, purport of the whole pleadings
B. The fact that the liability for damages was established is recognized.