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(영문) 부산지방법원 2012.02.01 2010가단106395

손해배상(기) 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1-1, 2, and 3.

A. On January 31, 2007, the Plaintiff: (a) received the Defendant’s share of investment equivalent to KRW 50 million out of the Defendant’s share of investment equivalent to KRW 160,000,000,000 (hereinafter “instant contract”); and (b) paid KRW 50,000,000 to the Defendant.

The transfer and acquisition contract shall be in accordance with the agreement of transfer and acquisition between Gangseo-gu Busan Metropolitan City - B - The transferee shall take over the total sum of 160,000,000,000 won (Won 50,000,000) of the shares of the transferor B in the right of sale of the unsettled housing site due to D road works and distribute the amount of future profits and losses in proportion to the above share ratio. B transferee: A

B. On October 22, 2007, the Defendant paid KRW 1,2370,000 to the Plaintiff by account transfer.

2. Determination

A. The plaintiff's assertion around January 31, 2007, the defendant invested in the plaintiff, and the defendant invested 160 million won in the sales right business of this case, and the defendant recommended to purchase part of the shares of the defendant as expected to make a big profit. If losses are incurred, the defendant will pay 30% interest per annum by converting the investment money into the loan. Accordingly, on January 31, 2007, the plaintiff purchased 1/3 of the investment shares in the sales right business of this case held by the defendant from the defendant.

However, the defendant did not make an investment related to the sale right business of this case, and the plaintiff who became aware thereof demanded the return of the investment amount to the defendant. The defendant returned only KRW 1,237,000 to the plaintiff on October 22, 2007. Thus, the defendant's fraud amount = KRW 37630,000 = 50 million acquired by deceiving the plaintiff to the plaintiff.