(영문) 수원지방법원성남지원 2014.06.25 2013가단2206

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(영문) 수원지방법원성남지원 2014.06.25 2013가단2206

손해배상(기)

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1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C: (a) KRW 45 million to the Plaintiff; and (b) as to the Plaintiff, May 2014.

Reasons

1. The Defendants asserted that if the Plaintiff invests KRW 100 million in the absence of the intent or ability to proceed with the cosmetic business, the Plaintiff would not only pay 4% of the net profit after deducting the principal and taxes, but also provide 4% of the net profit when converting the company into a corporation, the Plaintiff received 100 million won investment money from the Plaintiff and acquired it by fraud.

Therefore, the defendants should pay the amount of 100 million won and damages for delay to each joint and several debtor as the joint and several liability.

Although the Defendants specified KRW 100 million as an advertising model cost necessary for the cosmetics business, the Defendants used only KRW 55 million as an advertising model and used the remainder for other purposes without using it. This constitutes tort against the Plaintiff.

Therefore, the Defendants, as the quasi-joint and several liability joint and several liability, should pay the damages for the damages amounting to KRW 45 million, which was not used in the specific place as above to the Plaintiff as the quasi-joint and several liability.

2. In light of the ex officio determination as to the legitimacy of the lawsuit against Defendant B, the facts indicated in the evidence No. 3-1, 2, 9, and 10 of the evidence No. 3, and the overall purport of the pleadings, it is recognized that the cosmetics business invested by the Plaintiff was actually operated by the Plaintiff, but the name of the business operator was used while the cosmetics business was in fact used by the Plaintiff, Defendant B was declared bankrupt on September 24, 2013 with the Suwon District Court Decision 201Hahdan9225, 2012, 2012, 925, and 925, which was declared bankrupt on September 9, 2013, and the decision was made on November 14, 2013 with immunity on November 29, 2013, and the application for bankruptcy and exemption was included in the damages liability of KRW 100 million due to the Plaintiff’s primary claim against the Plaintiff.

On the other hand, Defendant B’s testimony alone by the evidence or witness D, which the Plaintiff satisfy, to Defendant C.

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