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(영문) 서울중앙지방법원 2016.05.27 2014가단243041
손해배상(기) 등
Text

1. The Defendants jointly share KRW 50,000,000 with respect to the Plaintiff and Defendant B from November 20, 2014 to March 23, 2016.

Reasons

1. Under the facts of recognition, each of the following facts may be acknowledged between the plaintiff and the defendant Eul by comprehensively taking into account the whole purport of the arguments as to the evidence Nos. 1 and 12. The plaintiff and the defendant C are deemed to have led to the confession of the defendant C pursuant to Article 150(3) of the Civil Procedure Act.

A. The Plaintiff is the project implementer of the Songpa-gu Seoul Metropolitan Government D D Large E urban development zone, and Defendant B is the representative of F with the purpose of real estate consulting, financial loan brokerage, etc. (hereinafter “F”).

B. The Plaintiff became aware of Defendant C while having experienced difficulties due to the lack of funds in connection with the foregoing business.

Defendant C, through F, could borrow bonds worth KRW 100,000 from a commercial bank interest rate similar to that of a commercial bank. If the Plaintiff used the above money but did not use it, Defendant C demanded the Plaintiff to leave KRW 50,000,000 as a security deposit, as the Plaintiff lost an investment opportunity, and damages to the Defendants’ credit are significant.

C. On February 28, 2014, the Plaintiff entered into an agreement with Defendant C (hereinafter “instant agreement”). The instant agreement states F (representative Defendant B) as the Plaintiff’s other party, and Defendant C as the person in charge of the business progress of F.

F shall be referred to as “A” and the Plaintiff shall purchase the land of the Songpa-gu Seoul Metropolitan Government D (E urban development zone G), and while carrying out officetels and commercial building development projects, “A and “B” shall enter into an agreement on real estate consulting and investment attraction consultation as follows:

Article 3 (Obligation A) The period for carrying out the duties shall be determined within 45 days after this Agreement is concluded, and Party A shall utilize this real estate as security, attract approximately KRW 100 billion business funds with cooperation from the City Corporation, and smoothly proceed with the Project.

Section 7 (Good Faith and Mutual Cooperation) After the conclusion of this Arrangement, B shall be subject to this Arrangement.

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