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(영문) 대구지방법원 2017.11.29 2017가단118114
손해배상(기)
Text

1. The Defendant’s KRW 65,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 11, 2013 to July 25, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is operating D in the 3rd floor of Daegu Suwon-gu C building.

B. Around August 2013, the Defendant found the above office and entered the Plaintiff into a new apartment construction project for the building of the apartment for approximately 11,000 in Daegu Suwon-gu E (hereinafter “instant land”). The Defendant invested 10 years in the instant project, and all of the companies have been given up and have been given up. Since the residents in the Republic of Korea have been entrusted with redevelopment, there is no person to conduct this project. At present, the Plaintiff may purchase the land of KRW 7,500,000 per square year, and with the consent of at least 60% of the residents, the business may become a full-time death within one year. The Plaintiff and the Plaintiff prepared a contract for the maintenance project of KRW 1,00,000 per month for the operation of the association, KRW 1,500,000,000,000 won for union members, and KRW 2,500,000,000,000,000,000).

However, the defendant was not in the state of being delegated by the land owner, and it was not possible to obtain the consent of the residents necessary for the redevelopment project, and it was impossible to purchase the entire land of this case at the level of KRW 7.5 million per square year, and there was no intention or ability to purchase the redevelopment project within one year.

Nevertheless, the defendant received KRW 100 million from the plaintiff on December 10, 2013 and acquired it by deceit.

C. The Plaintiff filed a complaint against the Defendant in fraud. The Defendant was indicted by the Daegu District Court 2015 Godan1733 and was convicted of one year imprisonment on August 13, 2015.

The defendant appealed against the above judgment of the court of first instance, and deposited 35 million won as the principal deposit in order to compensate for damages during the appellate trial (Tgu District Court 2015No302). The defendant was sentenced to 8 months of imprisonment in the above appellate trial, and the defendant was sentenced to 35 million won.

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