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(영문) 서울중앙지방법원 2017.03.17 2016가합511790

손해배상(기)

Text

1. The Defendant: (a) against Plaintiff A, the Plaintiff KRW 218,181,818, Plaintiff B, C, D, and E, respectively; and (b) against each of the said KRW 145,454,545,545.

Reasons

1. Facts of recognition;

A. From around 2002, the Defendant promoted resource development projects, such as gold mines, in the Indonesian G Island. On January 14, 2005, the Defendant established H (hereinafter “H”) for the purpose of the said projects.

B. On September 207, 2007, the network I paid H a total of KRW 500 million on September 27, 2007, and KRW 500 million on September 27, 2007. On September 27, 2007, H entered into an investment contract with the effect that H and net I will provide the Plaintiff with 5% out of total issued shares and 15% of total issued shares of J Co., Ltd., a company established by the Defendant (hereinafter “instant investment contract”).

The defendant jointly and severally guaranteed the obligation under the above investment contract of H.

C. The net I invested KRW 340 million in H on April 29, 2009, and received return of KRW 300 million among them.

On May 26, 2009, the Network I jointly and severally guaranteed the Defendant's obligation to return the investment amount when the Defendant is able to invest KRW 72,533,712 from K.

E. On June 19, 2009, the Network I set the maturity of KRW 300 million to the Defendant on November 16, 2009.

F. The deceased I died on January 19, 2016, and the Plaintiff A’s wife and the rest of the Plaintiffs are children.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including each number), the purport of the whole pleadings

2. The quoted part

A. The Plaintiffs rescinded the instant investment contract by serving a preparatory document dated February 27, 2017, as the indication H’s failure to perform the obligation under the instant investment contract, and the Defendant is a joint and several surety under the instant investment contract.

On June 19, 2009, the claim against the defendant for restitution of KRW 500,000 and KRW 300,000 against the defendant of the network I shall be filed in installments in the ratio of inheritance of the plaintiffs.

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. The dismissed part.

A. The plaintiffs' assertion 1 Defendant lent 340 million won to the net I on April 29, 2009.

H. H with the money lent by the party, etc.