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(영문) 대구지방법원서부지원 2016.02.05 2015가합5997
손해배상(기)
Text

1. The Defendants jointly share KRW 295,000,000 with respect to the Plaintiff and 5% per annum from November 1, 2012 to June 26, 2015.

Reasons

1. Basic facts

A. On June 2012, Defendant C intended to perform landscaping civil engineering works in an amount of 20 billion won for a cultural park development project implemented by the Incheon Economic Freedom Authority in Yeonsu-gu Incheon Metropolitan City (hereinafter “instant project”). However, Defendant B planned to be in charge of the instant project and obtained land in accord with the construction cost, and may perform landscaping works with the loan granted as security. To this end, Defendant C should first take over a comprehensive construction company of 15 billion won annually, and requested investors to invest funds necessary therefor or to introduce investors.

B. Accordingly, Defendant D, while explaining the instant project to the Plaintiff, who was close to the first police officer’s friendship on July 2012, 2012, may receive KRW 1 billion including investment profits if the Plaintiff was planned to conduct the instant project jointly with Defendant CB, and made an investment of KRW 500 million. The profit amounting to KRW 500 million was divided by KRW 30 million by the Plaintiff and KRW 200 million by the Defendant D.

The Plaintiff, as the main agent of Defendant DC, was the Defendant B, and at the time Defendant B met the Defendant B with the office of Tripl, and at the time, the Defendant B displayed the scheduled business site and the business plan, etc., and, in order to this end, it is necessary to acquire the instant construction company, at least 15 billion won annual sales that can be concluded under a negotiated contract, and at least 2 billion won in capital or 3 billion won. If the instant project is conducted, the acquisition fund is required. If the project is conducted, the land will be received through payment in kind, and the down payment should be paid. A comprehensive construction company’s acquisition and land down payment requires 1.8 billion won, and the urgent amount of which is required is 200 million won, such as operating expenses. The remainder of the land received through payment in kind may be loaned from a bank as collateral or prepared personally.”

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