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(영문) 대전지방법원 2020.01.08 2018가합108425
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff became aware of Defendant B around April 2017, and around that time, Defendant C became aware of the introduction of Defendant B.

B. On July 26, 2017, Defendant B established “D” (hereinafter “D”) for the purpose of constructing and distributing multi-family housing, and (i) assumed office as an intra-company director of the said company, but resigned on April 17, 2019.

Defendant C was appointed as a director and a representative director of the above company, but all of his resignations on August 2, 2018.

C. On the other hand, the Plaintiff, at the same address as D on September 15, 2017, has its head office and was appointed as an internal director and representative director of E Co., Ltd. (E) for the purpose of constructing and distributing multi-family housing. On January 7, 2019, the Plaintiff was appointed as the inside director and representative director of D on December 6, 2017. On the other hand, he/she resigned from the E’s representative director on April 25, 2018, and was appointed as D’s representative director on August 2, 2018, but was investigated as a result of occupational embezzlement, etc. on December 26, 2018, and retired from all executive officers of E and D on December 26, 2018.

[Grounds for Recognition: Evidence Nos. 1, No. 1, 2, and 1, 2, and the purport of the whole pleadings]

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is Defendant B’s director, Defendant C’s representative director, and the Defendants conspired with the Plaintiff to request funds under the pretext of the necessity of the sale business, etc. as follows, thereby deceiving the Plaintiff and deceiving the Plaintiff a total of KRW 1.45 billion. As such, the Defendants jointly are liable to compensate the Plaintiff for damages equivalent to the above amount caused by the tort.

1) On June 2017, the Defendants purchased the H restaurant site in Daejeon-gu G and newly construct and sell the main apartment complex (hereinafter “H business”) to the Plaintiff (hereinafter “H business”).

If you would like to obtain approximately 10 billion won of profit, I proposed to operate a business together, and thereafter, I suggested that the plaintiff will do the business. 40 million won as the cost of purchasing the site around July 2017, and the land sales contract amount around August 16, 2017.

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