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(영문) 서울중앙지방법원 2019.08.29 2018가단63366
손해배상 청구등의 소
Text

1. The Defendants jointly share KRW 120,00,000 to Plaintiff A, and KRW 78,00,000 to Plaintiff B, and each of them on December 2018.

Reasons

1. 인정사실 원고들은 농업회사법인 주식회사 F(이하 ‘F’라 한다), 농업회사법인 주식회사 G(이하 ‘G’라 한다), 피고 농업회사법인 주식회사 C(이하 ‘피고 C’라 한다)와 사이에 ‘양돈 계약사육계약’, ‘성돈(成豚) 선물매매계약’을 체결한 계약자들이고, 피고 D는 G, F 및 피고 C의 대표이사이며, 피고 E은 피고 C의 전무로서 피고 C의 자금관리 및 기획을 담당하는 사람이다.

Defendant D and E, through a counselor, made a false statement to the effect that “If they enter into an agreement on KRW 6,000,000 per share of the raising business of the raising business of the raising of the raising of the raising of the money on consignment for 14 months, they may sell and pay 20 horses to the Defendant C through commission of the raising of the money for 14 months. If they are sold to the Defendant C with a gift of KRW 390,000 per 1ma, they would return the contract price, which is the principal, to the Plaintiff upon the expiration of the contract period.”

However, as Defendant D and E did not make profits from the situation of reporting damages due to the raising of pigs, they were not able to pay the profits and principal to the Plaintiffs, etc. only due to the shipping price of pigs. Upon receiving loans from financial institutions, including H bank, Defendant D and E provided all pigs such as a site farm as a security for transfer, and the shipping price of pigs also made use of both the loan amount and the principal payment. Moreover, there is no intention or ability to properly conduct the payment of investments from the Plaintiffs, etc., even if they received the investments from the other investors, due to the fact that there is no choice but to pay the profits and principal with the investment amount received from the other investors.

Accordingly, on March 13, 2012, Plaintiff A paid KRW 6,000,000 per 120,000 per 1 unit and 20,000 per 1 unit, as the contract price, and entrusted raising of money under contract.

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