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(영문) 서울중앙지방법원 2014.09.17 2013가합541615

손해배상

Text

1. Defendant C’s KRW 160,000,000 as well as 5% per annum from June 7, 2010 to September 17, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B and C had a de facto marital relationship from around 2003.

Defendant C borrowed dry field owned by another person without his own dry field or property in 2010 and borrowed the necessary agricultural company funds to another person or was invested in it.

B. Although Defendant C did not have any intent or ability to repay the money as well as to establish a security for transfer in a case where the farmer did not have any specific property as a bad credit holder and did not proceed as planned, Defendant C would, on April 10, 2010, pay KRW 80 million to the Plaintiff by June 30, 2010 if the Plaintiff borrowed KRW 50,000,000 to the Plaintiff in the dry field located in Seopo-si located in Seopo-si, Seopo-si to the extent that the Plaintiff was not “underpaid farming capital,” the Plaintiff would pay KRW 50,000,000 to the Plaintiff. Of that, the Plaintiff, on the dry field of 15,00,000, with a name and telephone number attached to D and 7, provided it as a security for transfer, and the Plaintiff, on a preferential basis, remitted KRW 80,000,000 from the sale price without the transfer for transfer.

C. Defendant C purchased a dry field with the actual sales price of KRW 50 million and planned to use at will the remainder of Nonparty F’s dry field excluding the above KRW 50 million out of the investment funds received from the Plaintiff. Although the purchase of the dry field was not intended or capable of distributing earnings to the Plaintiff or collecting investment funds, Defendant C, around June 5, 2010, owned the dry field 32,00 square meters with no physical form with the possibility of being aware of the fact that “the Plaintiff had a fry field with the possibility of being aware of it personally,” and it is guaranteed that the dry field was purchased at will of KRW 2-3 times if sold.

If the purchase price of KRW 120 million is invested in order to purchase the dry field, the investment is preferentially recovered from the sale price of dry field and the remainder is out of the profits.