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(영문) 부산지방법원 2016.08.25 2014가합52981

채무부존재확인

Text

1. The Plaintiff Company B and Defendant C and D are obligated to pay and pay the said Defendants.

Reasons

1. Basic facts

A. Plaintiff A’s tort regarding the construction project of officetels 1) Plaintiff A is the F Co., Ltd. (hereinafter “F”) around March 201, 201.

(1) A business that constructs officetels “H” on the ground of Daejeon Seo-gu G as a substantial manager (hereinafter referred to as “a business that constructs officetels”).

(2) At the time, Defendant C and D were the employees of the Company I, a sales agent for the business of constructing officetels. However, the Plaintiff was aware of the progress of the said new construction project since it was not determined whether to grant part payments for the said new construction project to Defendant C and D. However, even if the said new construction project was not implemented on or around March 4, 201, it is possible to approve the sale of the said new construction project, and if the approval for sale is expected to obtain part payments from the promotion mutual savings bank, it would be possible to receive part payments from the promotion mutual savings bank, and thus, it would be possible to pay the above part payments with the above intermediate payments loans or the sales proceeds. Accordingly, it was acquired from Defendant C in sum three times from March 31, 201 to December 25, 201, by means of a transfer of KRW 51 million from Defendant C to the deposit account in the name of F.

Then, around April 1 of the same year, Plaintiff D, as the above KRW 51,00,00,000 to Defendant D was insufficient, and to resume the construction, Defendant D re-insigned Defendant D that additional subscription would be made at a low price, and that it would be possible to sell the subscription money at a low price, and that her affiliation transferred KRW 146,00,000 to Defendant D’s deposit account in the name of F during six times from April 13 to 20 of the same month.

In addition, the plaintiff A, around June of the same year, had been given the intermediate payment loan to the defendant D and the National Bank, and the plaintiff A made a false statement that he would receive KRW 100 million as the cost of the model voucher construction design cost, advertisement cost, etc., and he would receive the payment of KRW 100 million from the defendant D to the deposit account in the name of F and receive the money of KRW 51 million on June 22, 201 from the defendant D to receive the money of KRW 146 million, as well as the defraudation of KRW 16 million.