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(영문) 서울중앙지방법원 2018.11.23 2017가합577759
손해배상 등 청구의 소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

1. The plaintiff's assertion

A. 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

Defendant C, the representative of the Defendant C, in collusion with Defendant D and F, induced the Plaintiff as if the Defendant F, etc. directly invested in the Defendant Company as an international investor, and caused the Plaintiff to invest KRW 145 million in the Defendant Company by acquiring new shares of the Defendant Company. 2) As if Defendant C conspired with Defendant D, E, G, and H, thereby deceiving the Plaintiff as if he directly invested in the Defendant Company, and thereby inducing the Plaintiff to invest KRW 90 million in the Defendant Company by acquiring new shares of the Defendant Company.

3. Accordingly, the Defendant Company, C, D, and F are jointly liable to pay to the Plaintiff damages equivalent to the above investment amount of KRW 145 million, Defendant Company, C, D, E, G, and H, together with compensation for damages arising from joint tort. The Defendant Company, C, D, G, and H are obligated to pay damages equivalent to the above investment amount of KRW 90 million and damages for delay for each said amount of money.

B. Although Defendant F, G, and H guaranteed the Plaintiff’s failure to pay the investment amount under the name of the borrower and entered into a contract between shareholders that the Plaintiff would pay 20% of the investment amount to the Plaintiff as a penalty for negligence, Defendant F, G, and H had the obligation to pay the investment amount to the Plaintiff as a penalty for negligence against the said guarantee. As such, Defendant F is obligated to pay the Plaintiff the investment amount to the maximum of KRW 13.6 million equivalent to 20% of the investment amount, Defendant G’s investment amounting to 20% of the investment amount, and KRW 4 million equivalent to 20% of the investment amount of KRW 20 million, Defendant H is obligated to pay the investment amount of KRW 20 million and delay damages for each of the above amounts.

2. Facts of recognition;

A. The Plaintiff, registered with the J Center, has invested in a start-up business entity by K and private investors, etc., to implement the LA system that invests the same amount as the investment amount in the start-up business entity, such as MA company’s KRW 170 million and Small and Medium Enterprises Promotion Foundation.

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