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(영문) 전주지방법원 2016.12.16 2015가합4428

손해배상(기)

Text

1. The Plaintiff; Defendant C’s KRW 625,00,000 and KRW 600,000 among them, respectively, shall be KRW 25,00,000,00.

Reasons

1. Facts of recognition;

A. On November 24, 2014, Defendant C purchased from D the purchase price of KRW 3.569 billion on behalf of the Plaintiff, the purchase price of KRW 1180,000,000 from D, Seo-gu E-gu, Seocheon-gu, Seocheon-gu, Incheon-si, and had the Plaintiff remit the down payment of KRW 300,000,000 to D’s account.

Accordingly, the Plaintiff transferred KRW 300 million to the above D’s account at around 17:59 on the same day.

B. After January 5, 2015, the Defendants drafted the following agreements with the Plaintiff (hereinafter “instant agreement”).

Secretary of the United States of America

1. Three representative representatives of Defendant B, C, and F (hereinafter “F”) agree with respect to the establishment of an implementing corporation and the distribution of profits with respect to the new construction of G in the astronomical area as follows and shall be subject to civil and criminal liability:

2. The principal shall be repaid to investors F within three months, and the principal shall be additionally paid within six months (the immediately after approval for parcelling-out) and six hundred million won shall be additionally paid to investors the down payment of 300 million won for the land of Seo-gu E, Seo-gu, Seo-gu, Seo-gu, and the down payment of H land of KRW 300 million.

Within the scope of the war (tentatively named) G residential complex urban housing shall be constructed.

Five bonds shall be transferred free of charge after construction, if the F wants.

B. 3 equal portions of the total net profit after completion shall be divided.

㉣ 신축을 위한 시행법인 설립과 인원구성, 시공사 선정, 건축, 관리, 자금관리 등 제반 모든 것을 피고들이 책임지고 F 대표에게 승인을 받도록 한다

(I) The person in charge of fund management shall be the I. The value of all the expenses shall be included in the calculation of the cost already made.

In addition to the expenses recognized by three persons who agreed on the material of the situation, expenditure is not possible.

The financial techniques fund to provide funds reporting on the purchase of land, construction design, construction, PF, pro ratafin, profitability of the project plan, and the profitability of the project for the construction of each plant shall be responsible and agreed by the Defendants.

As of February 24, 2015, in the case of the United States of National Defense, loans have not been granted prior to February 24, 2015, or the implementation plan has been revoked, the Defendants are the principal amount of KRW 600 million to the F Representative.