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(영문) 울산지방법원 2015.10.28 2014가합17882
손해배상(기)
Text

1. Defendant B and Defendant D jointly share KRW 200 million with respect to the Plaintiff, and Defendant B with respect thereto from October 25, 2014.

Reasons

1. Basic facts

A. The Plaintiff’s investment and the Defendants’ role are as follows: (a) on December 20, 2006, the Plaintiff transferred KRW 196,000,000 to the Agricultural Cooperative Account of Defendant B on December 20, 2006 regarding the “F District Land Partition Project” and the “G District Land Partition Project,” which was enforced by Defendant E Co., Ltd. (hereinafter “E”); and (b) on December 22, 2006, the Plaintiff invested KRW 4 million in cash to Defendant B (hereinafter “instant investment”); and (c) was issued a commitment bill of KRW 272,00,000 at face value of E issuance.

Defendant D, as the representative director of E, led the progress of the project and the management of funds, and Defendant B directly notified the Plaintiff of the instant invested state, received the investment money, Defendant C received the bill from Defendant D and delivered it to Defendant B, and Defendant B delivered the said bill to the Plaintiff.

B. Prior to the Plaintiff’s investment in the flow of the instant investment money, H (or his wife I), J, and K have invested in the instant business through Defendant B, or have lent money to Defendant B, which is the husband of the Defendant B or his husband, but did not receive the said investment money or loan. Upon the Plaintiff’s transfer of the Plaintiff’s investment money, Defendant B used both the money borrowed or the money borrowed from the Plaintiff on or after the date of the transfer with Defendant D’s consent.

C. On December 20, 2006, Defendant D, including the Plaintiff’s default, left the UK on December 20, 2006 following the investment of this case, and following the date E was the first default on payment of bills, and the last default on December 27, 2006, one week after the date of the investment of this case.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including a tentative number), the purport of the whole pleadings

2. The Defendants asserting that they were aware of the financial situation of E, but arrange or recommend the Plaintiff’s investment in this case, thereby acquiring the Plaintiff’s investment money, thereby jointly committing the tort against the Plaintiff.

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