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(영문) 광주고등법원 2020.07.02 2019나24987
손해배상(기)
Text

1. The part against Defendant H among the judgment of the first instance is revoked, and the plaintiffs' claim corresponding to the revoked part is filed.

Reasons

1. Basic facts

A. The Plaintiffs’ conclusion of investment contracts and payment of investment funds 1) Plaintiff A and I Co., Ltd. (hereinafter “I”).

(E) On May 10, 2016, Plaintiff A’s New Construction Project (hereinafter referred to as “Seoul”)

(1) The Plaintiff A and I respectively paid KRW 100,000,000 to the Plaintiff on July 1, 2016, and I agreed to pay KRW 200,000,000 as investments and KRW 200,000 as investments and KRW 200,000 after paying the down payment. Before entering into the said contract, the Plaintiff A and I agreed to pay KRW 100,000,000 as investments and KRW 100,000 as investments and KRW 300,000 as investments and KRW 300,000 as investments and KRW 300,000 as investments and KRW 300,00 as investments and KRW 300,00 as investments and KRW 300,00 as investments and KRW 300,00 as investments and KRW 300,00 as investments and KRW 300,00 as investments and KRW 300,000.

Before the conclusion of the above contract, Plaintiff A paid to I KRW 200,000,000 for investments, and KRW 100,000,000 for investments on June 29, 2016, respectively.

3) On July 8, 2016, Plaintiff B and I invested KRW 600,00,000 in the Dobong-gu business, and I entered into an investment contract with Plaintiff B to pay KRW 600,000,000 as investments and KRW 600,000 as investments and KRW 600,000 within 12 months after the deposit of investments. Plaintiff B paid KRW 500,000,000 as investments and KRW 50,000 as investments and KRW 50,00,000 as of July 15, 2016, Plaintiff C and I paid KRW 20,000 as investments and KRW 20,000 as investments and KRW 200,00 as well as KRW 200,00 after the deposit of investments and KRW 200,00 as investments.

Plaintiff

C paid KRW 200,000,000 to I on July 1, 2016.

B. On November 10, 2017, the agreement between the Plaintiffs and D, E, F, and Defendants, 1) D, E, and F agreed to the Plaintiffs that “the Plaintiffs shall be liable for full amount of their investments to I by November 30, 2017” (hereinafter “instant agreement”). (ii) Defendant G agreed on July 27, 2018 to the Plaintiffs that “I will be liable for the full amount of their investments to I” (hereinafter “instant agreement”).

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