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(영문) 인천지방법원부천지원 2014.12.10 2014가합3855
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's cause of the plaintiff's claim is that the defendant issued a supply contract for the above investment principal and earnings from the defendant, but the plaintiff did not receive 500,000,000 won from the defendant for investment in the new construction and sale of the main apartment on the land of Busan Shipping Daegu and one parcel (hereinafter "the marine apartment of this case"). The plaintiff directly invested 500,000,00 won from the defendant for the purpose of securing the above investment principal and earnings from the defendant, and the defendant did not exercise the obligation to pay the above investment principal and earnings from the plaintiff as 00,000 won for the construction and sale of the marine apartment of this case. The plaintiff asserted to the purport that the above apartment of this case is not 100,000 won for the purpose of securing the above investment principal and earnings from the defendant.

2. According to the reasoning of the judgment of the court below, Gap evidence Nos. 1 and 3, the plaintiff and the defendant entered into a contract with G and H on June 20, 204 to invest KRW 500,000,000 in the construction and sale of the marine transportation unit apartment (hereinafter "the investment contract of this case") with G and H on June 20, 204. The investment contract of this case of this case is 35% out of the investment profits under the above project, G, H, 5%, and 10% paid by the defendant, and 10% paid to G and H, and to the defendant for the purpose of securing the above investment principal and revenue, the plaintiff issued the sales contract of this case in the name of the defendant and the documents proving the full payment of the purchase price of the apartment and the documents proving the sale price of the apartment.

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