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(영문) 서울서부지방법원 2016.09.01 2015가합35638
손해배상(기)
Text

1. The Defendants jointly share KRW 282,767,100 with respect to the Plaintiff and the period from October 8, 2014 to September 1, 2016.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company with the purpose of real estate development by proxy and investment advisory business.

Defendant C is an internal director of the Defendant Company, and Defendant D is the representative director of the Defendant Company.

B. At the time of May 2012, the Defendant Company was a truster of the construction and sale of a new-use officetel and commercial building building in Mapo-gu Seoul Metropolitan Government, and the Cocon Assets Trust (hereinafter “Cocon Assets Trust”) was a trustee and seller.

C. Around May 9, 2012, the Plaintiff entered into a pre-sale agreement with the Defendant Company by setting the respective pre-sale agreement amount of KRW 150 million with respect to the two debentures of an officetel of the said building. At that time, the Defendant Company received the pre-sale agreement from the Plaintiff and used it as the sale price, thereby taking the two debentures of an officetel from the co-property trust to the Plaintiff.

Pursuant to the aforementioned agreement, the Plaintiff’s account with Defendant D as the pre-sale agreement deposit amount, KRW 60 million around May 9, 2012, and the same year.

5.18.18.20 million won around the same year, and for the same year.

5. Around 21.20, a total of KRW 150 million, including KRW 70 million, was remitted.

2. On July 3, 2012, the Plaintiff entered into a pre-sale agreement with the Defendant Company by setting the pre-sale agreement amount of KRW 344,770,00 with respect to the first floor of the above building as KRW 344,770,00. At that time, the Defendant Company received the pre-sale agreement from the Plaintiff and used it as the pre-sale price and used it as the pre-sale price to sell the above commercial building to the Plaintiff.

Pursuant to the aforementioned agreement, the Plaintiff’s account with Defendant D as the pre-sale agreement deposit amount, KRW 70 million around July 4, 2012, and the same year.

7.10 million won around 10.1 billion won, and for the same year.

7. Around 17.17. Around 30 million won, a total of KRW 200 million was remitted.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 5, 6, 8, 9, Gap evidence Nos. 3, 4, and 7, and the purport of the whole pleadings

2. Plaintiff’s claim against the Defendants

A. The plaintiff's defendant C and D

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