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(영문) 서울동부지방법원 2015.06.11 2013가합17191
손해배상 등
Text

1. Defendant B’s KRW 290,000,000 and interest rate of KRW 20% per annum from December 20, 2013 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. The Defendant B agreed to operate the “E Membership Exchange” mediating the transaction of golf club membership with the Plaintiff, along with the Plaintiff, through Defendant C, who is an employee, around June 2013. However, Defendant B did not have the intent or ability to enable the Plaintiff to purchase the instant membership right at the time.

Nevertheless, Defendant B deceiving the Plaintiff and transferred KRW 300 million from the Plaintiff to the down payment and intermediate payment out of the purchase price of the instant membership on July 26, 2013.

On September 1, 2013, the Plaintiff terminated the contract on the grounds of Defendant B’s nonperformance, demanding the return of KRW 300 million, and received a refund of KRW 10 million from Defendant B on several occasions between September 17, 2013 and October 28, 2013.

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 290,000,000 as damages or agreed amount for tort, and damages for delay.

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment by deeming the relevant provisions as private investors);

2. Determination as to the claim against Defendant C

A. The gist of the Plaintiff’s assertion 1) Defendant C also conspired with Defendant B, etc. with the knowledge of the lack of the intent or ability to enable the Plaintiff to purchase the instant membership membership, thereby obtaining KRW 300 million from the Plaintiff as the purchase price of the instant membership.

B. In addition, if the instant membership trading had not been made due to the circumstances of the seller after the transfer of the Plaintiff, D and the Defendants did not return the Plaintiff’s money immediately. However, D and the Defendants did not return the said KRW 300 million to the Plaintiff.

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