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(영문) 의정부지방법원 2014.09.02 2013가단38879
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion that: (a) around 2007, Defendant B, Nonparty C, and D agreed to receive 10% of the amount invested by the Plaintiff, instead of making an investment, from Defendant B, Nonparty C, and D, the Plaintiff agreed to receive profit dividends; and (b) accordingly, the operation of E was suspended before the Plaintiff recovered the investment principal due to the continued deficit.

Since then, both the Plaintiff and Defendant B, along with the F architect office, engaged in business activities that ordered the redevelopment association to calculate the cost of the fundamental infrastructure and to calculate the additional cost of rental housing, and the Plaintiff’s money was invested in the process, but the representative of the F architect office suspended business activities on the wind that the representative of the F architect office died.

In other words, from May 2009, the Plaintiff and Defendant B newly started business activities that would receive the service of calculating the cost of fundamental infrastructure construction and calculating the additional cost of rental housing in the name of the Defendant Company from the Development Cooperative, along with the Defendant Company’s ground engineering (hereinafter “Defendant Company”).

Since then, between Defendant B on October 8, 2009, the Plaintiff calculated the amount invested by the Plaintiff in order to receive services, such as the calculation of the additional cost of rental housing, from the redevelopment cooperative up to 8,546,37 won, and from the redevelopment cooperative up to 17,252,030 won, and determined the sum of KRW 105,798,367 as the Plaintiff’s input; 2) the amount deposited by the Defendant Company to the Plaintiff at the time of the conclusion of the service contract with the redevelopment cooperative; and 20% (the service cost is 20%) of the service cost for the calculation of the construction cost of infrastructure.

(b) the same section.

(2) The Plaintiff shall allocate 40% to Defendant B, 5% for the payment of global income tax, and 30% for the service of calculating the additional cost of rental housing, 30% for the Plaintiff, 30% for the Defendant B, and 5% for the payment of global income tax, but the amount to be distributed to the Plaintiff shall be limited to the above KRW 105,798,367 for the Plaintiff.

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