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(영문) 서울남부지방법원 2018.10.04 2017나55891
물품대금
Text

1. The plaintiff's appeal is all dismissed.

2. The plaintiff's preliminary claims added by this court are all dismissed.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion

A. The plaintiff asserts as the primary cause of the claim as follows.

In relation to the instant investment agreement, the Defendants did not intend or have ability to pay to the Plaintiff the investment principal and dividend under the instant investment agreement because the Defendants did not have any financial ability, even if the Plaintiff invested in the instant 1.1 billion capital in the status requiring KRW 600 million as the price for machinery, such as the costs for manufacturing, transporting, installing, and factory facilities, etc. of optical devices, even if it is necessary for the Plaintiff to make an investment in the instant 1.1 billion capital.

Nevertheless, the Plaintiff was paid the People's Republic of Korea 570,000 bills as investment funds and acquired them by deceit. Even if not, examining the degree of the business that the Defendants was running and the cause of business failure, etc., the Defendants did not prepare for the business, thereby causing damage to the Plaintiff by negligence, which was running the business in a situation where their own capital is insufficient without preparing for the business.

In addition, with respect to the agreement of July 10, 2012, Defendant C received the payment of the above 60,000 people's money from the third mine in the Philippines on July 10, 2012 and acquired it by deception.

Therefore, the Defendants are jointly obligated to pay to the Plaintiff damages for delay from July 11, 2012 to KRW 190,372,00 [=115,752,00 [the People's Republic of Korea 6,000 (the 570,000 People's Republic of Korea 6,000 People's Republic of Korea 6,000)x exchange rate 1.82] the balance of machinery manufacture 74,620,000 (the People's Republic of Korea 410,00 People's Republic of Korea 1.82] and the above 115,752,00 out of the above amount.

B. The plaintiff asserts as follows as the conjunctive cause of claim.

In relation to the instant investment agreement, the Plaintiff paid the People’s Republic of Korea 570,000 bills until January 5, 2012, pursuant to the instant investment agreement, and Defendant B paid the same amount.

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