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(영문) 서울동부지방법원 2016.09.28 2015가단51846
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 32,349,314 and the interest rate of KRW 15% per annum from August 23, 2016 to the date of complete payment.

Reasons

1. Judgment on the plaintiff's claim

A. On August 5, 2013, the Plaintiff and the Defendant entered into an investment contract with the Plaintiff to pay KRW 150,000,000,000, out of the transport rights for the reclamation works in the period of the period of the 3rd-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, which were subcontracted from the construction of Seongbuk-gun, on which the Plaintiff succeeded to the Plaintiff, but the Plaintiff entered into an investment contract with the Plaintiff to pay KRW 150,00,000 as the investment amount (Evidence A-1). On June 20, 2014, instead of changing the transport right the Plaintiff’s succession to the Plaintiff to KRW 5,00,000,000, the Plaintiff additionally made an investment contract to pay KRW 50,000 (Evidence A; hereinafter referred to as the “instant investment contract”).

D. 75,00,000 won, August 5, 2013, and the same year, in accordance with the instant investment agreement, the Plaintiff

8. 13. 75,00,000 won, total of KRW 50,000,000 on June 20, 2014, and total of KRW 200,000,000 (hereinafter “instant investment”) were paid. However, the Defendant was not awarded a subcontract for the transportation right for the instant reclamation work in the 3rd period of Hyundai Steel, Dan-gun, Chungcheongnam-gun, Sungjin-gun, Chungcheongnam-gun, Inc., for the first time. Therefore, the Defendant was unable to perform the instant investment contract.

Article 22(1) of the Criminal Procedure Act provides that “The Defendant shall be punished by imprisonment with prison labor for not more than two years, and the Defendant shall be punished by imprisonment with prison labor for not more than two years on June 14, 2016.”

[Based on recognition] The items of Gap evidence 1 to Gap evidence 6 (including each number), and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant concluded the investment contract of this case by deceiving the plaintiff and received the investment money of this case.

As such, the Plaintiff is obligated to pay the Plaintiff the instant investment amount of KRW 200,000,000 as compensation for damages and delay damages therefor. Meanwhile, the Plaintiff is obligated to pay the Plaintiff the amount of the instant investment amount of KRW 50,00,000 on May 30, 2016, KRW 150,000 on August 22, 2016, and KRW 200 on the aggregate.

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