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(영문) 서울중앙지방법원 2015.10.07 2014가합573381

손해배상청구의 소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From around December 2013, Defendant D performed the interior work of G History in F, which was in preparation for the opening of the building located in Dongdaemun-gu Seoul by leasing part of the building located in Defendant B and C from around December 2013, but was not paid a part of the construction cost.

In the meantime, Defendant D’s investment of KRW 350,00,00 in the instant private letter, along with the Plaintiff around May 2014 (Defendant D’s investment of KRW 560,000,000, out of the total amount of the construction cost not paid until the time of the actual investment and the construction cost not paid until the completion of the construction later, shall be converted to the investment, and if the Plaintiff pays KRW 140,00,000 to Defendant B and C for the remainder of the construction cost to be used as the deposit for the instant private letter, the Plaintiff may open the instant private letter after completing the completion of the construction between June 20, 201 and June 30, 2014, acquired the shares and the net investment proceeds of this case for one year, and recovered the amount of KRW 50,500,000.

B. On May 29, 2014 between Defendant B and C in response to Defendant D’s proposal, the Plaintiff agreed to make an investment of KRW 700,000,000 in the instant Sariana (560,000,000,000, excluding the above KRW 560,000,000, from 700,000 to 70,000,000, and the Plaintiff paid to Defendant B and C) with an agreement that the Plaintiff would recover the investment amount of KRW 700,000,000 and return the shares (hereinafter “instant investment agreement”).

around that time, the Plaintiff paid to Defendant D the remainder of KRW 210,000,000, excluding KRW 350,000,000, which was to pay from the above 560,000,000 as the investment money of Defendant D, and KRW 350,000,000 when collecting the investment money after one year.