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(영문) 수원지방법원 2017.08.23 2015가단122880
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around February 2012, the Plaintiff: (a) obtained the “E” business from Nonparty C, which was known to the Defendant through the Defendant; (b) sought a project explanation that the Plaintiff would receive a large amount of money from Nonparty C; and (c) obtained a regional general sales agency from the Gyeonggi vice governor in advance, and (d) obtained a large amount of money.

B. Around that time, the Defendant submitted to the Plaintiff a half of the deposit amount of KRW 150 million for the sports zone in the sports zone in the E-sale business, office opening expenses of KRW 30 million, and proposed that the business was defective. The Plaintiff accepted this and entered into a partnership agreement with the Plaintiff and the Defendant, each of which invested KRW 90 million (hereinafter “instant partnership agreement”). However, as the Plaintiff’s credit is not good at the time, the Defendant concluded a contract for the branch offices in the sports zone in the name of D in the name of the Defendant.

C. On April 25, 2012, the Plaintiff borrowed KRW 90 million from Nonparty F, and transferred KRW 90 million from the bank account in F’s name to the national bank account in the name of the Defendant. D.

On April 27, 2012, the defendant entered into a contract with D (State) and local branch office with the amount of KRW 150,000,000,000, and delivered the contract to the plaintiff.

E. Meanwhile, on May 2, 2012, the Defendant, who received KRW 90 million from the Plaintiff, transferred KRW 75 million from the said national bank account to the new bank account in the name of the Defendant that was newly opened immediately before the transfer. On April 30, 2012, the Defendant deposited KRW 35 million in the said account and delegated the said new bank account deposited in the sum of KRW 110 million to Section C, which was deposited in the said account, to deposit the deposit at the head office of D, and C deposited KRW 60 million in the said new bank account from the Defendant’s new bank account in the aggregate of KRW 30 million on May 2, 2012, and deposited KRW 60 million in the aggregate of KRW 35 million on May 10, 2012, including KRW 30 million and KRW 30 million on October 30, 2000.

F. Under the instant trade agreement, the Plaintiff and the Defendant from June 2012 to Suwon-si G Building 403 (hereinafter “instant office”).

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