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(영문) 수원지방법원성남지원 2019.08.13 2018가합404699
기타(금전)
Text

1. The plaintiffs' primary claims and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. Defendant D introduced solar power plant projects being promoted by H and Defendant F Co., Ltd. (hereinafter “Defendant F”) to G, the representative of Plaintiff A, around September 2017, while working as managing director at Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

B. On October 10, 2017, Defendant D received documents necessary to establish a special purpose corporation for the solar power plant project from G, and established Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) with the Dong I as an internal director on October 10, 2017, and on the same day, Plaintiff C Co., Ltd (hereinafter “Plaintiff C”).

C. On October 12, 2017 between Plaintiff B and Defendant F, a construction contract agreement was drafted between Plaintiff B and Defendant F to construct solar power plants (MW 1W) in KRW 1.85 billion. On the same day, a construction agreement was drafted between Plaintiff C and Defendant F to build C-solar power plants (M 1W) in KRW 1.85 billion.

(hereinafter referred to as “each of the instant construction contracts” and the subsequent construction contracts are referred to as “each of the instant construction contracts.”

On October 12, 2017, Defendant D remitted the sum of KRW 600,000,000,000 from the Plaintiff’s account to Defendant F’s account under each of the instant construction contracts.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4, 7, 12, and 13, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Defendants asserted that the Plaintiff A conspired to establish the Plaintiff B and C without permission, and then voluntarily prepare each of the instant construction contracts in the name of the Plaintiff B and C, and transfer KRW 600 million from the Plaintiff’s account as the construction contract deposit to the Plaintiff A, thereby causing damage to the Plaintiff A. As such, the Defendants are liable to compensate the respective Plaintiff A for damages arising from the tort as above.

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