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(영문) 의정부지방법원고양지원 2015.09.24 2013가합10925
손해배상(기) 등
Text

1. Defendant B and C jointly share KRW 310 million to the Plaintiff, as well as the year from July 26, 201 to November 28, 2014.

Reasons

1. 30 million won claim (defendant B, C, and D);

A. In collusion with Defendant B and C, around September 6, 2010, Defendant B and C stated that “G” offices located in F at the time of Pakistan (hereinafter “G”), “A project commences on or around March 2011 with a business permit obtained in the viewing of aggregate at H T in the time of Pakistan.” The Plaintiff may receive 4% of the total profits from the investment of KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000

However, in fact, Defendant B and C thought some of the money received from the Plaintiff to be used for the personal purpose, not for the investment in the above business, and there was no intention or ability to pay the same profit as agreed to by the Plaintiff.

Nevertheless, Defendant B and C, as such, received the money of KRW 310 million, totaling KRW 310 million, from the Plaintiff on September 6, 2010, KRW 10 million on November 10, 2010, KRW 37 million on November 15, 2010, KRW 16,13 million on November 16, 2010, KRW 10 million on December 7, 2010, and KRW 310 million on December 23, 2010.

[Reasons for Recognition] Defendant B: The respective descriptions of evidence Nos. 3, 4, 8, and 10, and the purport of the whole oral argument as to the admission of confession (Article 150(3) of the Civil Procedure Act)

B. According to the facts found in the claim against Defendant B and C, Defendant B and C are jointly and severally liable to pay to the Plaintiff KRW 310 million and to pay damages for delay at the rate of 20% per annum (the rate prescribed by the Civil Act) from July 26, 2011 to May 29, 2014 (the date the duplicate of the complaint was served on the said Defendants) with respect to the amount of KRW 310,000,000 to the Plaintiff as joint tortfeasor, and at the rate of 20% per annum from the following day to the date the copy of the complaint was served on the said Defendants).

C. The summary of the Plaintiff’s claim against Defendant D is at the time to attract the Plaintiff to the aggregate extraction project.

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