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(영문) 춘천지방법원 원주지원 2021.01.29 2020가단56591
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On December 16, 2015, the Plaintiff and Non-Party D Co., Ltd., “in relation to the marina business of D Co., Ltd., Ltd., Ltd., which were on the 11st parcel of land of Chuncheon-si, Gangwon-do, Incheon-si, and 11, shall invest funds necessary for the business operation by December 24, 2015.”

Distribution of shares and profits shall be 50:50.

In the event of cancellation due to the cancellation of this contract’s contractual obligation, the agreement for the same business with which the daily gold 10 million won was written (hereinafter “instant agreement”). B. The Plaintiff transferred KRW 200,000,000 to the Agricultural Cooperative Account in the name of D on December 24, 2015 pursuant to the instant agreement for the same business.

(c)

Defendant C is the inside director of Defendant C Co., Ltd., and Defendant B is the husband of Defendant C.

Defendant B, “A notary public on December 16, 2015, in the F and fourth floor of Chuncheon City F and D, the Defendant had a defect in his business in G law office to operate the Smarket in Chuncheon City E, etc., and had already invested KRW 800 million in the Plaintiff at the G law office. The building was also left, and there was an unpaid construction cost of KRW 200 million and an existing partner.

H If the sum of KRW 400 million to be paid to H is KRW 600,000,00 may be permitted to complete the building.

A false statement is made to the effect that “the operation of Mat immediately shall be conducted upon obtaining permission for the completion of construction of the building above,” and that the money was received KRW 200 million from the Plaintiff around December 24, 2015 from the Plaintiff to the Agricultural Cooperative Account in the name of Da Co., Ltd., and obtained the said amount by deception, and the criminal conviction was declared and finalized.

[Ground for recognition] Facts without dispute, Gap 1 through 5, and the purport before the pleading

2. Determination as to the cause of claim

A. The Plaintiff did not receive the refund of KRW 20,000,000 out of the investment funds remitted by the Plaintiff.

In addition, in the case of cancellation due to the fault of the corporation D in the instant partnership agreement, KRW 60,000,000, which the Plaintiff agreed to receive as compensation for damages, is scheduled as the actual operator of the corporation D, and the Defendants, the representative, are the defendants.

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