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(영문) 서울북부지방법원 2018.09.13 2017가합1534
손해배상(기)
Text

1. The Defendants jointly share KRW 220,000,000 with respect thereto to the Plaintiff and the period from June 3, 2017 to September 13, 2018.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”)’s status as the Defendants is a company with the objective of selling agency business and real estate sales business, and Defendant B is the representative director of the said company.

B. On December 4, 2014, the Plaintiff entered into an investment contract with the Defendants, signed an investment agreement with the purport that the Plaintiff invests KRW 210,000,000 to the Defendants (hereinafter “instant investment agreement”), and the specific content thereof are as follows.

Investor: Defendant Company, Defendant B

1. The Plaintiff shall invest KRW 210,000,000 in the Defendant Company and the Defendant B on December 4, 2014.

2. As a compensation for investment funds, Dtel No. 104 (hereinafter “instant commercial buildings”) will be transferred to the Namyang-si Office 104 (hereinafter “instant commercial buildings”) on the following terms:

- Transfer heading room and sale size table: 104(18.319) - Transfer amount: 210,000,000 won - Transfer Price 1) - Full sale contract form. 2) Upon the preparation of complete payment contract, the plaintiff shall deposit 10,000,000 won in the sale management passbook.

3) The intermediate payment shall be deposited into the trust account held by the Defendant Company in the name of the Plaintiff. 4) After the settlement of the completion, the balance, excluding 210,000,000 won, shall be paid and transferred by the Defendant Company and the Defendant B.

Attachment: One copy of each written installment sale contract

C. Defendant B, in relation to the instant investment contract, was indicted as Suwon District Court 2017Da3488 and 4066 (combined) due to the following criminal facts, etc., and was sentenced to one year of imprisonment by the said court on December 21, 2017, and the Prosecutor’s appeal (U.S. District Court 2018No290) was dismissed, which became final and conclusive on April 17, 2018.

Defendant B, in order to raise funds for the new construction project of the “E hotel” established by the Defendant Company, intended to acquire money from the Plaintiff under the name of selling the instant commercial building in advance, and on December 4, 2014, “210,000,000 won” to the Plaintiff.

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