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(영문) 인천지방법원 2016.07.22 2014가합57804
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. In June 2010, the Plaintiff asserted that the Plaintiff entered into an investment attraction agreement (hereinafter “instant investment attraction agreement”) with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the 8,419m2 (hereinafter “instant land”). Accordingly, the Plaintiff: (a) induced E and F as an investor; (b) entered into an investment inducement agreement with the Defendant Co., Ltd. on July 27, 2010; (c) received KRW 170 million from E around July 27, 2010; and (d) received from E an investment agreement with F as of August 6, 2010; and (c) received KRW 150 million from F around that time.

However, according to the investment agreement with E and F, the Defendant Company returned the principal at the time when six months have passed since the purchase and sale contract for the instant land was concluded on July 27, 2010, but did not return the investment money to E and F for six months after the conclusion of the sale and sale contract for the instant land.

In January 201, Defendant B paid the principal of the investor to the Plaintiff, and the Plaintiff returned the principal of the investment to E and F.

Therefore, Defendant Company is obligated to pay the Plaintiff’s debt to E and F on behalf of the Defendant Company, and Defendant B is jointly and severally guaranteed by Defendant Company’s debt to the Plaintiff, and the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 320 million paid by the Plaintiff to E and F, as well as damages for delay.

2. In full view of the following circumstances, the Plaintiff paid off the Defendant Company E and F with the repayment obligation on behalf of the Plaintiff solely based on the evidence submitted by the Plaintiff.

It is insufficient to recognize that Defendant B jointly and severally guaranteed the Defendant Company’s indemnity liability against the Plaintiff, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s claim against the Defendants cannot be accepted.

A.

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