logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.11.30 2015가단123624
손해배상(기)
Text

1. Defendant B’s KRW 20,300,000 per annum for the Plaintiff and KRW 5% per annum from February 12, 2015 to November 20, 2015.

Reasons

1. Facts of recognition;

A. Defendant B is the representative director of Corporation D who conducts the performance business.

On October 1, 2014, Defendant B made a business registration under the name of Defendant C, which is the wife, and made a business registration on October 1, 2014, and on November 26, 2014, leased the building located in Daegu Jung-gu F and fourth floor, and opened a summary of the small line of the name “G”.

B. The Plaintiff introduced H to Defendant B as a construction business operator in charge of theater art, which he became aware of through the terran, and accordingly, Defendant B contracted H with the above small theater art work in KRW 60 million.

C. Defendant B failed to pay KRW 30 million out of the interior construction cost due to low operational revenue of the small theater. In addition, Defendant B had experienced financial difficulties, such as bearing a large amount of financial liability and delinquency in the amount of KRW 25 million.

Defendant B requested the Plaintiff to make an investment in the above circumstances, and accordingly, on February 10, 2015, the Plaintiff entered into an investment contract with the Plaintiff, stating that the Plaintiff shall invest KRW 40 million in the operation of the said small theater and that the Plaintiff shall pay a fixed amount of KRW 4 million per month to the Plaintiff (hereinafter “instant contract”).

E. As a result of the performance of the instant contract, the Plaintiff paid KRW 30 million out of the agreed investment amount as agreed on February 12, 2015 to H as the construction price on behalf of the Defendant B, and remitted the remainder KRW 10 million to Defendant C’s bank account.

F. However, from March 13, 2015 to July 15, 2015, the LABD suspended the payment of dividends to the Plaintiff for a total of KRW 9.7 million for a period of up to four months. Ultimately, around September 2015, the said small theater was transferred to another person and closed the business.

G. On September 29, 2016, the Plaintiff filed a complaint against the Defendants as fraud and the investigation was initiated. In that process, Defendant B deposited KRW 10 million as Daegu District Court No. 7092, the Plaintiff on September 29, 2016.

Defendant B was prosecuted as a crime of fraud against the Plaintiff, etc. and was punished on September 30, 2016.

arrow