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(영문) 서울중앙지방법원 2015.03.24 2013가합554697
손해배상등
Text

1.(a)

Defendant J, K, L, M, N, and P are each Plaintiff A of KRW 330,00,000,000 to Plaintiff B, and KRW 55,00,000,00 to Plaintiff B.

Reasons

1. Defendant L’s main navigational defense asserts that, since the Plaintiffs entered into an investment agreement with Defendant K Co., Ltd. (hereinafter “Defendant Company”), and paid investment funds to the Defendant Company, Defendant L cannot claim damages against the Defendant Company and claim damages against the Defendant Company.

However, the part of the instant lawsuit against Defendant L among the instant lawsuit is a performance suit claiming the payment of damages, and the Defendant L, alleged as a performance obligor from the Plaintiffs, is a legitimate Defendant.

2. Claim against the defendant company or L

A. Recognizing the overall purport of the pleadings, the Defendant Company: (a) was unable to pay the agreed earnings so long as it did not receive investments from the new investors because it did not engage in the business of acquiring and reselling real estate through a public sale or auction; (b) Defendant J, which was the chairman of the Defendant Company, can obtain a large amount of profits by acquiring and reselling real estate through a public sale or auction; (c) the Plaintiff Company did not pay 1% of the paid-in capital to the investors, including the Plaintiffs, to return the principal of the investment to the Defendant Company after 100 days; (d) the Plaintiff Company did not return the paid-in capital to the Plaintiff KRW 330,00,000, KRW 5,000, KRW 500, KRW 2000, KRW 5000, KRW 5000, KRW 5000, KRW 5000, KRW 5005, KRW 5000, KRW 5000, KRW 500, KRW 5005, KRW 2005.

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