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(영문) 대구지방법원김천지원 2020.05.13 2019가단32381
손해배상(기)
Text

1. As to Defendant B, C, and E’s 65,00,000 won and 60,000,000 won among them, Defendant B, C, and E jointly with the Plaintiff, from August 25, 2016 to May 5.

Reasons

1. Claim against Defendant B, C, and E

A. The description of the claim is as shown in the annexed sheet of claim.

B. Judgment by public notice of claims against Defendant B and C (Article 208(3)3 of the Civil Procedure Act)

C. Judgment on deemed confession of claim against Defendant E (Article 208(3)2 of the Civil Procedure Act)

2. Claim against Defendant D

A. Summary of the Plaintiff’s assertion 1) Defendant B and C are Defendant D as the representative director and F Co., Ltd. (hereinafter “F”).

(2) In the event that the Plaintiff made an investment in the “G project” to be established and run through F, it is advertised that the rate of return shall be 65 to 90% per annum. The Plaintiff entered into a monetary loan agreement with Defendant E through introduction and remitted 60,000,000 won to Defendant E, but did not receive an investment profit. The Plaintiff incurred losses due to joint tort due to the Defendants’ act of receiving the same kind of money, and thus Defendant D is liable to pay the Plaintiff KRW 60,000,000 as damages jointly with Defendant B, C, and E. Even if Defendant D did not participate in joint tort, even if Defendant D did not take part in the Defendant B and C’s representative director, as a result, Defendant C’s failure to perform the duty of monitoring and supervising the raising of investment funds and the management of the corporate passbook, which is a director of the company, and Defendant D is liable for damages due to the Plaintiff’s negligence by the representative director under Article 401 of the Commercial Act.

B. According to the overall purport of the statements and arguments as to the claim of liability for damages arising from joint tort: (a) the corporation was established for the purpose of entertainment tavern business, etc.; (b) H was added to the purpose of selling and managing a charnel house on August 8, 2016 and changed its trade name to F; (c) Defendant D was the representative director; and (d) Defendant C was appointed as an internal director; and (b) Defendant C was the “F Investment Process.”

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