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(영문) 서울중앙지방법원 2012.11.27 2011가합138978
손해배상
Text

1. The Defendant: (a) against the Plaintiff A, KRW 2 billion, KRW 1 billion against the Plaintiff B, and each of the above amounts, from December 15, 2005 to January 15, 2012.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) concluded a joint project agreement with G (hereinafter “G”) that is the executor of the Jongno-gu Seoul Metropolitan Government Urban Environment Improvement Project (hereinafter “Seoul”) that newly constructs a building by redevelopmenting the land outside Jongno-gu Seoul E and 138, and that is to receive 20% of the revenue shares of the instant project around February 2004 and around November 2004.

B. He, who operated D, recommended the Defendant to make an investment in the instant business that “Around July 2005, the sale of the instant business was commenced and the principal and interest can be recovered immediately, and no later than late until December 2005, shall be repaid.” The Defendant, on March 3, 2005, invested 10% out of the proceeds acquired by D from the instant business and invested 800 million won in D, and completed an investment contract and a monetary loan contract with D and the said 800 million won, and was jointly and severally guaranteed by G as to the repayment of the said loan.

C. Until August 2005, the Defendant found the D’s financial status at D offices where the authorization and permission for the instant project was not granted and the PF loan was not granted, and it was difficult to maintain the business because D’s financial status was merely a poor company, such as that D’s payment of wages to executives and employees at the time was not properly paid. Although D’s financial status was extremely insufficient, it was difficult to maintain the business. However, for more than two years after completing the authorization and permission for the downtown redevelopment project since there was a large risk of authorization and permission for the downtown redevelopment project, the Defendant became aware of the fact that the instant project was not carried out entirely as well as the PF loan was not carried out until completing delivery.

When the financial situation of D has deteriorated at the time and it is difficult to recover its investment money, the defendant's normalization of the company by directly participating in the operation of the company is a realistic method of recovery from damage, and the defendant has the ability to instruct the debt demand due to H and many debts.

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