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(영문) 대전고등법원 2018.10.31 2018나13408
투자금 반환 청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasons why this court is stated in this part of the basic facts are as follows: “Defendant B” shall be deemed as “B”; “Defendant C” shall be deemed as “Defendant”; “Defendant C” shall be deemed as “Defendant”; “Defendant E” shall be deemed as “Defendant”; “Defendant E” shall be deemed as “Defendant”; and “Defendant E” shall be deemed as corresponding to the reasons of the judgment of the first instance except where “Defendant E” shall be deemed as “Defendant E”; therefore, this shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant and B are liable to compensate the plaintiff as joint tortfeasor for the following reasons.

Therefore, the defendant is jointly and severally liable to pay to the plaintiff KRW 270 million and delay damages.

① Although Defendant and B did not have the intent or ability to newly construct and operate a telecom, they deceiving the Plaintiff to invest KRW 270 million in the business of newly constructing and operating a telecom on the Seo-gu Seoul Special Metropolitan City F land (hereinafter “F land”) (hereinafter “instant business”).

(2) B, even though he did not have the intention or ability to complete payment, by deceiving the plaintiff, thereby deceiving him as a loan, and the defendant intentionally abetted, aided, or aided the above fraudulent act by negligence.

3. The reasons for this Court’s entry are as follows: “Defendant B” to “B”, “Defendant C” to “Defendant C”, “Defendants” to “Defendant and B” to “Defendant”, and “the above Defendants” to “Defendant and B” to “Defendant and B”, and “the ownership of the above No. 104 was transferred from “B” to “B” to “the Defendant was allowed to obtain a loan with the above No. 104 on the security of the loan and the said No. 104 as the debtor, and accordingly, to obtain a loan with the above No. 104 and the interest of KRW 177 million on the loan with the said No. 104 as the security of the above No. 104 was borne by Defendant B, and “ro, the first and fourth Defendant 1” to “B” to “B”, and the No. 17 of the above Act to “No. 6.44.”

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