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(영문) 서울중앙지방법원 2018.04.12 2017가합523684
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the spouse of the deceased F (Death on September 10, 2016) and Plaintiff B and C are the children of the deceased F, and the Defendant is E’s children.

B. As the representative director of H (hereinafter “H”) who was in charge of the instant construction, E’s fraudulent conduct and criminal judgment, E’s shortage in the construction cost, while performing the instant construction as the representative director of H (hereinafter “the instant construction”) of H (hereinafter “H”), on November 1, 2012, entrusted the business of preservation registration and establishment registration after obtaining approval for use, and the principal and interest of E’s apartment will be paid with a loan as security or be paid in lot with a higher price than market price, and then transferred KRW 200,00,000 from the GF to the Defendant’s Agricultural Cooperative account (I; hereinafter “instant account”) from August 30, 2013, by borrowing KRW 1,50,500,000 from the Defendant’s total amount of KRW 60,500,500,000,000 from the Defendant’s imprisonment with labor for up to 11, 205,000,500,000 won and 400.

[Ground of recognition] Unsatisfy, Gap evidence 3 and 27

2. Determination as to the cause of claim

A. The plaintiffs' assertionF suffered losses of KRW 1,575,00,00,00 in total, including the amount of KRW 1,565,00,000 and consolation money of KRW 10,00,00,00,00 due to the above illegal act of E. ① A written agreement (Evidence 4-1, 2, and 3-1, 5-2, 5-1, 5-2, and 5-1, 5-2, and 5-1, 5-1, 6, and 4-1, and 6 of the certificate of execution of the sale of the large object ("the document of this case"), which is written by E, and written agreement and written.

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