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(영문) 서울동부지방법원 2019.07.09 2018가단127393
손해배상(기)
Text

1. For the plaintiff B:

A. Defendant C, D, E, and G jointly share KRW 200,000,000 and those related thereto from September 24, 2014 to November 201, 2018.

Reasons

1. Facts of recognition;

A. When Defendant E came to know that the construction work of a thermal power plant will be carried out on the surface of the YY-si in the spring of 2014, Defendant E attempted to obtain money from a person who wants to take over the construction work as if he had the right to operate the said construction site, by driving as if he had the right to operate the said construction site.

B. Defendant E had H perform the work as if it were the head of the construction site, and had Defendant C to see the person to whom the right to operate the brine restaurant is to be received.

C. Around August 28, 2014, Defendant C drafted a written contract with Defendant C to the effect that Defendant C is entrusted with the operation of the brine restaurant as if it were the head of the site office of the said construction. Based on this, Defendant C requested Defendant D to see the person to whom the brine is to take over the brine.

Defendant D demanded Defendant G to re-examine the person who will take over the above operating rights, and Defendant G posted an advertisement on the Internet page on the contents and terms of the above boom operation rights.

E. While Plaintiff B, along with Plaintiff A, operated a meal service company in the name of “I” in the name of “I,” Plaintiff B contacted Defendant F of the report, and sought an explanation of Defendant F, G, and D on the right to operate the brin restaurant.

F. On September 4, 2014, Plaintiff C believed that Defendant C has the right to operate a brin restaurant, and agreed Defendant C to accept KRW 100 million from Defendant C the right to operate the brin restaurant, and paid KRW 100 million to Defendant D as the placement fee. On September 4, 2014, Plaintiff C paid KRW 30 million as down payment to Defendant C and KRW 5 million as part of the placement fee to Defendant D, respectively.

Plaintiff

B prepared a consignment operation contract with Defendant C in the name of “I” (Plaintiff A) on September 24, 2014, and paid to Defendant C the remainder of KRW 70 million and the remainder of KRW 95 million to Defendant C on the same day.

[Evidence] There is no dispute.

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