(영문) 수원지방법원 2017.07.20 2015가합63377

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(영문) 수원지방법원 2017.07.20 2015가합63377

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to each claim against the Defendants by the Plaintiff

A. The Plaintiff’s alleged Defendants jointly carried out an apartment project related to the land and building located in Guro-gu Seoul Metropolitan Government (hereinafter “Edong project”), and an apartment project related to the Fdong located in Young-gu, Young-gu, Young-si (hereinafter “Fdong project”); and the Plaintiff jointly carried out the aforementioned Edong project and Fdong project (hereinafter “each of the instant projects”). On January 27, 2012, the Plaintiff deemed that “it is necessary to establish a corporation for the Defendant’s joint project” around January 27, 2012, and that “30,000,000 won for the same day,” and ② the same year.

2. On July 1, 200,000 won on the ground that “the office rent for the joint business of the Defendant is required,” the Plaintiff lent KRW 20,00,000 on the same day to the Defendants respectively, and around the 10th day of the same month, that “the funds are required to pay for the remaining office rent for the joint business, and purchase the office rent, etc.,” and around the 10,000,000 won on the same day, and ④ around the 16th day of the same month, “the Plaintiff is required to pay the Plaintiff 3,00,000,000 won as the loan fee for lending 3,00,000,000 won from Nonparty G to pay the Plaintiff with the loan rent of KRW 110,00,000 on the same day. In fact, the Defendants did not use the loan for the above purpose, which constitutes a joint tort of borrowing money, and thus, the Defendants jointly liable to pay damages for delay to the Plaintiff.

B. According to the reasoning of the judgment No. 1, Gap evidence No. 2 and the whole pleadings, the plaintiff's account in the name of defendant D with ① 30,000,000 won on January 27, 2012, ②

2. The fact that each remittance of KRW 100,000,000 on July 20, 200, and KRW 100,000,000 on the 10th of the same month, and KRW 110,000,00 on the 16th of the same month (hereinafter “each of the instant funds”) is recognized.

2. On the other hand, deceptions as an act of fraud.

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