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(영문) 광주고등법원 2020.12.16 2020나20455 (1)

손해배상(기)

Text

The plaintiff's appeal is dismissed.

Pursuant to the conjunctive claim added by this Court, the defendant shall be the plaintiff 395,000.

Reasons

Basic Facts

The reasoning for this part of this Court is as follows: (a) the part corresponding to the reasoning of the judgment of the first instance (No. 9 through No. 14 of the third party 9 through No. 6); (b) “Defendant C” in the part corresponding to the reasoning of the judgment of the first instance (No. 14 of the third party 9 through No. 6); and (c) “Defendant B” in the 6th party 13 as “the first instance court”; and (d) it is identical

An abbreviationd name established in the judgment of the first instance shall be used below the same.

The plaintiff's assertion of the party to the judgment on the primary claim is that the defendant acquired the total sum of KRW 500 million from the plaintiff, under the pretext that the plaintiff would use it for the construction cost of the F Business Facilities jointly with the plaintiff although the plaintiff did not have any intent and ability to repay the money even if the plaintiff borrowed money from the joint defendant B of the court of first instance.

In addition, when the Defendant additionally lends KRW 400 million to the Plaintiff, it acquired KRW 900 million, including the existing loan, while proceeding with the construction of the main complex building (hereinafter “construction of the instant Sri building”) on each land of the instant Sri, and acquired the loan and returned KRW 350 million, including the existing loan, and acquired the money of KRW 350 million,000,000,000 from the instant third transfer, and made the principal registration based on the provisional registration based on the right to claim ownership transfer registered in the name of the Defendant with respect to each land of the instant Sri, and subsequently acquired the loan by selling each land of this case or collecting the loan through the construction of the instant Sri building.

Therefore, the Defendant, jointly with B, is obligated to pay the Plaintiff KRW 895 billion (i.e., KRW 300 million for the second transfer of KRW 200 million for the second transfer of KRW 350 million for the third transfer of KRW 350 million for the third transfer of KRW 450 million for the fourth transfer of KRW 45 million) and damages for delay.

The defendant introduced B, which was difficult due to the lack of funds necessary for the construction of the F Business Facilities, to the plaintiff, and the first and second of this case.