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(영문) 서울동부지방법원 2012.02.21 2011가합16736

청구이의

Text

1. The plaintiff A's lawsuit against the defendants is dismissed in entirety.

2. The plaintiff arboretum Co., Ltd.'s defendants

Reasons

1. Basic facts

A. D is a director of E and F Co., Ltd., a multi-level fund-raising company, who is a multi-level fund-raising company, and caused losses to prevent Plaintiff A from collecting part of the investment amount by deceiving Plaintiff A, an investor, from July 5, 200 to February 22, 2001.

B. On September 30, 2004, Plaintiff A filed a lawsuit against Plaintiff D, etc. seeking compensation of KRW 150,000,000, which is a part of the damages caused by the said tort, as Seoul Central District Court 2004Gahap79125. The above court rendered a judgment on September 27, 2005 that “D shall pay KRW 150,000,000 to Plaintiff A.”

D The Seoul High Court 2005Na90911 on November 3, 2005 appealed, but on November 15, 2006, the dismissal judgment became final and conclusive around that time.

C. According to the above judgment, the amount of damages that Plaintiff A would compensate for to Plaintiff A is KRW 586,980,00,000, when considering the Plaintiff’s negligence 50%, the amount of damages that Plaintiff would compensate to Plaintiff A is KRW 293,490,00.

Attached Form

The buildings indicated in the list (hereinafter “instant building”) and the land indicated in the attached list (hereinafter “instant land”) were the only property D, but D sold the instant building to Defendant C, respectively, on October 21, 2006, and completed the registration of ownership transfer to Defendant C on November 28, 2006, and on October 23, 2006, to Defendant C each completed the registration of ownership transfer to Defendant B.

(The remaining one-half shares of the instant building and land are G owned by D as the husband, and D and G sell the entire building to Defendant C in total in KRW 370,000,000, and the entire land to Defendant B in KRW 300,000).

At the time, the Defendants paid 395,000,000 won out of the total purchase price of KRW 670,000,000 in cash, and the remaining KRW 275,00,000 in lieu of accepting the obligation to return the lease deposit in relation to the instant building.

F. On July 13, 2007, Plaintiff A filed against Plaintiff D as Seoul Eastern District Court 2007Gahap10458

(b).