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(영문) 대구지방법원 2017.01.26 2015가합205103
손해배상(기)
Text

1. Defendant F and G jointly share 100,000,000 won to Plaintiff F and G, and 200,000 won to Plaintiff B.

Reasons

1. Basic facts

A. The Plaintiffs are companies engaged in building construction business or electronic equipment sales business, and Defendant E, along with H, obtained money from the Plaintiffs by deceiving the Plaintiffs that they would build a commercial building and rent a commercial building on the ground of the instant land by establishing the Defendant F Co., Ltd. (hereinafter “instant land”).

B. On April 13, 2015, Defendant G entered into a real estate lease agreement with Defendant E and its wife, which was established at the time of the instant land, with Defendant F, a lessee of the instant land (hereinafter “instant lease agreement”).

C. Defendant G did not have any financial ability to carry out the new construction of the instant land commercial building (hereinafter “new construction of this case”), with the exception of KRW 27,800,000,000 for farmland preservation charges, KRW 53,400,00 for urban railroad bonds, and KRW 248,191,270 for sewerage charges charges of KRW 200,000 for non-design charges of KRW 200,000 for construction charges of KRW 200,000 for non-design charges, and there was no economic ability to carry out the new construction of the instant land of this case (hereinafter “new construction of this case”), and the instant land of this case was likely to be buried in a cultural property in accordance with the Urban Planning Confirmation Board, and it was practically impossible to carry out the new construction of this case before the surface survey of cultural property and the construction of this case could actually take considerable expenses for the excavation of cultural property before the report is submitted, and there was no intent or ability to repay money from the Plaintiffs.

Nevertheless, Defendant G, after establishing Defendant F Co., Ltd. on April 17, 2015, entered into a construction contract with the Plaintiffs on the pretext of promoting the instant new construction work.

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