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(영문) 인천지방법원 2014.12.02 2014가합7618
손해배상
Text

The defendant's KRW 209,300,000, and about this, 5% per annum from July 19, 201 to November 3, 2014 to the plaintiff.

Reasons

1. Basic facts

A. On June 2008, the Defendant concluded a partnership business agreement with Nonparty H (hereinafter “instant partnership business agreement”) in the name of Nonparty C in order to sell the instant building after constructing a tenement house (hereinafter “instant building”) on the ground of the Seo-gu, Seo-gu, Incheon (former parcel number: F and G) owned by Nonparty C, the wife, and entered into a partnership business agreement with Nonparty C (hereinafter “instant partnership business agreement”).

According to the instant trade agreement, Nonparty C provided the above land equivalent to approximately KRW 600 million at the market price, and Nonparty H raised the construction cost equivalent to approximately KRW 1170 million from Nonparty C as security for each of the households of the instant building, and was responsible for the construction of the instant building by securing the construction cost equivalent to KRW 1170 million.

B. According to the instant trade agreement, the Defendant drafted a sales contract for the seven households of the instant building in the name of Nonparty C.

(7) The sales contract for the seven generations is also included in the sales contract for the building 101 and B01 as follows.

On March 25, 2009, Nonparty H contracted the construction of the instant building to Nonparty U.S. General Construction Co., Ltd. (hereinafter “Nonindicted Company”) and provided a sales contract for the seven generations of the instant building as security for the construction cost.

While the construction of the instant building was carried out, Nonparty Company lost the sales contract for 4 households among the sales contracts received as security to Nonparty H, so the sales contract was demanded to pay the construction price in cash instead of re-issuance of the sales contract. D.

Accordingly, on September 23, 2009, Nonparty H recruited investors to raise the cost of construction, and concluded an investment agreement with the Plaintiff to receive KRW 100 million as collateral from the Plaintiff and return KRW 135 million until December 23, 2009.

Accordingly, Nonparty H provided the Plaintiff with the sales contract in the name of Nonparty C as to No. 101 of the instant building, and received KRW 100 million from the Plaintiff, and then received it from the Plaintiff.

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