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(영문) 의정부지방법원 2015.08.13 2014가합53223
손해배상 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 2, 2014, the selector C filed a lawsuit seeking payment of KRW 382,00,000 against the Appointor C prior to the instant lawsuit (Seoul Eastern District Court 2014Gahap104108, hereinafter “related lawsuit”). The pertinent lawsuit and the instant lawsuit are identical to the subject matter of lawsuit, and the part against the Appointor C in the instant lawsuit should be dismissed as a duplicate lawsuit.

In full view of the purport of the entire pleadings in Eul evidence 6, the purport of the purport of the relevant lawsuit is to claim payment of KRW 382,00,000 to the plaintiff. Although the purport of the relevant lawsuit is identical to the purport of the lawsuit in this case, it is recognized that the plaintiff sought payment of KRW 140,000,000 against the selected party C on October 29, 2013, and the ground of the relevant lawsuit was to claim payment of KRW 92,00,000,000 from the loan extended on October 30, 2013, and KRW 230,000,000 from the loan extended on December 23, 2013.

However, among the claim causes of this case, the part against the designated party C among the claim causes of this case is not identical to the subject matter of this lawsuit, since the designated party C had no intent to repay the above money from the Plaintiff to the Plaintiff, and thus, the two lawsuit is not identical.

Therefore, prior defenses of the appointed party C is without merit.

2. Judgment on the merits

A. Presumed factual basis 1) The KND Co., Ltd. (hereinafter “KNDD”) is a company that operated a joint housing construction project (hereinafter “instant project”) in the D-U.S. in South Korea Island.

The Plaintiff is a person who has entered into an investment agreement with the Republic of Korea in connection with the instant business.

B) E Co., Ltd. (hereinafter “E”)

A) The company is a company that acquires the instant business authority from the KNC. The Appointor F is an internal director of E. The Appointor C is a person who actually operates E with F. The Defendant is the spouse of the Appointor C. 2) The Plaintiff and the KNC’s investment agreement.

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