(영문) 서울남부지방법원 2016.01.28 2014가합115620

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(영문) 서울남부지방법원 2016.01.28 2014가합115620

손해배상(기)

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1. The Plaintiff:

A. Defendant D and E jointly share KRW 250,000,000, and the Defendant from January 15, 2008.

Reasons

1. Facts of recognition;

A. On March 25, 2003, the Plaintiff issued to Defendant B a certificate of loan stating that “I shall pay KRW 200 million after four months since I borrowed 300 million on April 28, 2003, and KRW 150 million on April 25, 2003.”

B. Defendant B invested KRW 500 million in total, including KRW 20 million received from the Plaintiff, and KRW 300 million in its own investment, in Defendant E Co., Ltd. (hereinafter “Defendant E”) executing and executing real estate construction projects as Defendant D’s representative.

As of May 30, 2003, Defendant B concluded a sales contract on the commercial building Nos. 401, 403, and 404 (exclusive area 242.8 square meters) of this case as of May 30, 2003 by having the sales price of KRW 500,000,000 as the sales price for the G building on the F of Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant commercial building”).

C. The Plaintiff filed a criminal complaint against Defendant B by fraud around January 2008, when Defendant B did not repay the above loan amount of KRW 300 million. Around January 15, 2008, Defendant B paid the Plaintiff cash of KRW 50 million to the Plaintiff, and Defendant B paid KRW 250 million unpaid to the Plaintiff. As to the unpaid amount of KRW 250 million, the Plaintiff filed a criminal complaint against Defendant E by allowing the Plaintiff to purchase part of the instant commercial building, which the Plaintiff purchased from Defendant E.

The plaintiff and defendant D, attending the process agreed as above, planned to sell the 4th floor of the commercial building of this case to 6 commercial buildings, but at the time, the registration was completed by 401 as to the 4th floor at the time, to sell one of them to the plaintiff at the request of the plaintiff on January 15, 2008, and "No double parcelling-out was made for 401-1 of the commercial building of this case" in the name of defendant E on January 15, 2008, and all of the 401-1 of the commercial building of this case shall be held liable at the time of civil or criminal problems."

Defendant C, the husband of Defendant B, was a joint and several surety.

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