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(영문) 부산지방법원 2015.03.10 2014가단210117
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the Plaintiff

Reasons

1. In fact, the Plaintiff, as a dental doctor, has been engaged in transactions with the Defendant, who is a dental technician for at least 15 years.

The Defendant and the dentist agreed to establish D (hereinafter “D”) a corporation for the purpose of generating profits through the establishment and operation of dental hospitals in Kazakhstan (hereinafter “instant business”), and raised funds necessary therefor from many investors.

According to the defendant's introduction and investment recommendation, the plaintiff transferred a total of KRW 1.6 million to the defendant's account on September 8, 2008, KRW 20 million on October 23, 2008, and KRW 1.6 million on April 10, 2009, again, to the defendant's account, and made an investment in D (hereinafter "the investment in this case") by acquiring D shares equivalent to the above amount under the name of the plaintiff's denial.

D During the course of construction of hospital artificial park in Kazakhstan, the project of this case was faced with difficulties because the progress of construction is delayed and unexpected costs are high.

Accordingly, investors such as F have given up the shares of D and demanded the Defendant and C to be related to the said business, and the Defendant and C agreed on June 17, 2009 to waive the said shares and to waive all rights related to the said business.

Even after that, the business of this case was unable to pay special profits.

[Reasons for Recognition] Unsatisfy, Witness G, and C’s testimony and the purport of the whole pleadings

2. At the time of soliciting the Plaintiff to make the instant investment, the Defendant, even though the Plaintiff did not pass the Korean dentist’s examination at the time of soliciting the instant investment, was able to obtain a dentist’s license and a worker’s license with the help of I, the president of the H University Hospital of Kazakhstan, if the Plaintiff attended and departs from the Republic of Korea, at least two times more than three times.

In addition, the defendant has already been given the local dentist's license and labor expenses with I's aid, and has already been given the local medical treatment.

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