조합아파트 분양계약금반환 등
1. Defendant B and C jointly share KRW 12,00,000 with respect to the Plaintiff, and Defendant B Co., Ltd. on June 2018.
1. Claim for damages against Defendant B and C
A. The fact of recognition is that Defendant C is the president of the G Regional Housing Association Promotion Committee (hereinafter the instant Promotion Committee) who promotes apartment development projects with approximately 1,245 households from around October 2016 to around 1,245, and Defendant B is an agent who performed the said development projects, and the representative director is H.
Defendant B’s representative director H and Defendant C, etc. concealed the fact that there was no approval or business funds for the use of the land necessary to promote the said apartment development project, and acquired them by receiving KRW 2,701,913,700 from the victims, including the Plaintiff, etc. to the bank account in the name of Defendant D from September 14, 2016 to April 19, 2017, by making a false advertisement as if they had already joined a large number of members through an event for sale to the general public and as if they had completed most purchase of the land.
H and Defendant C et al. were indicted for the above facts constituting a crime, etc. by the Daejeon District Court Branch of 2018 Gohap208 and was convicted of the facts constituting the above fraud on February 13, 2019.
(hereinafter referred to as “relevant criminal judgment”) Of the above criminal facts, the part corresponding to the Plaintiff among the above criminal facts is as follows: Nos. 199 of the attached Table 1 of the relevant criminal judgment:
(A) On November 9, 2016, the date of the member's subscription contract, and November 9, 2016. (A) On October 30, 2016, 199, the Plaintiff, on November 9, 2016, is a member's contribution of 14,168,750 Han Bank E on November 9, 2016, the remainder, excluding KRW 12,000,000,000, out of the said money, was returned.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings
B. According to the above facts of recognition, as Defendant B’s representative director, H and Defendant C committed a crime of fraud against the Plaintiff. Defendant B as Defendant H’s employer, and Defendant C, as Defendant C’s employer, committed a tort on his duties.