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(영문) 대전지방법원 2020.01.14 2018가단230370
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 40 million, and as to Defendant C, from May 31, 2019 to Defendant C.

Reasons

1. Facts of recognition;

A. On November 7, 2017, the Plaintiffs entered into an investment contract with the Defendants to pay KRW 110 million at the investment principal until February 6, 2018 when the Plaintiffs invested KRW 100,000,000 in relation to the sale of G building in the Dong-gu Seoul Special Metropolitan City F and two lots of land, the Defendants entered into an investment contract with the Defendants to repay KRW 450,000,000,000 at the investment principal, which is the investment principal until February 6, 2018.

B. In order to secure the repayment of the above investment deposit, etc., the Plaintiffs prepared a sales contract form (No. 1, 2, and 3) with the above G building H, I, J, and K (hereinafter “instant shopping district”) equivalent to KRW 1.7 billion in total sales price among Plaintiff B and the K, and, at the same time, prepared a performance letter (No. 4) to transfer the instant shopping district to the Plaintiffs at an amount of 55% in total sales price if the Defendants fail to repay the investment deposit, etc. by February 6, 2018.

C. The Plaintiffs paid KRW 110 million to the Defendants in accordance with the said investment contract.

However, the Defendants sold the instant commercial building to a third party prior to the repayment date, such as the said investment deposit, etc., and did not fully repay 150 million won including the said investment deposit, etc. until the said repayment date.

In addition, from February 8, 2018 to April 17, 2019, only 110 million won was repaid in total on six occasions.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendants disposed of the commercial building of this case to a third party without being repaid the above investment, etc. prior to the repayment date, thereby violating the above sales contract, which is a security for repayment such as the above investment deposit, and further violating the above sales contract, which is the security for repayment, and thereby, the plaintiffs suffered considerable damages such as the above investment deposit.

Therefore, the defendants are jointly and severally liable for damages to the plaintiffs.

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