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Reasons
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(영문) 의정부지방법원 2019.10.15 2018나208094
손해배상(기)
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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter “F Co., Ltd.”) is a company that manages and operates the history of P Station on the land outside J of Jung-gu, Incheon and seven parcels of land (hereinafter “instant history”), and I Co., Ltd. (hereinafter “I”) is a company that contracts Nonparty Co., Ltd for remodeling construction of the instant history from Nonparty Co., Ltd.

B. Around July 2014, the non-party company and the Plaintiff (the name of the representative director H (the name of the representative director was changed to Defendant B), and the name was changed to Defendant B.

Defendant B, both before and after the opening of the name;

(1) The F Implementation Delegation Convention (hereinafter referred to as the “instant Convention”) was concluded with investors (hereinafter referred to as “G”) and I Stock Company (hereinafter referred to as “I”) as follows:

(1) G makes an investment of KRW 9 billion ( KRW 5 billion up to August 5, 2014, KRW 4 billion up to August 20, 2014, and KRW 5 billion up to August 20, 2014) with respect to the remaining construction of underground floors, 3, 6, and 4,000,000,000 under the Jung-gu Incheon, Jung-gu, and 7 parcel, and the non-party company entered into a contract with the main and low-class occupant company (e.g., Q Group, R Hospital, Sullet, etc.) and agreed to the execution of the fund when there is no problem in the collection of the investment amount as the down payment.

(2) After completion of the remodeling project, the non-party company and the Plaintiff shall refund 12 billion won to G out of the borrowed money and the rental income.

C. On July 14, 2014, K (Representative Directors Defendant D) entered into a service agreement with K (hereinafter “K”) to procure KRW 9 billion with respect to the remodeling project of the history of the instant case, and as a consideration, K paid KRW 2 billion to K in the name of the service cost.

On October 7, 2014, the Plaintiff, acting for Nonparty Company, concluded an agreement with Defendant B and C on the following terms and conditions (hereinafter “instant deposit agreement”).

(1) The Defendants shall invest KRW 5 billion by October 13, 2014.

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