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(영문) 서울중앙지방법원 2014.07.11 2014가단6792
손해배상(기)
Text

1. The Defendant’s KRW 46,880,253 as well as 5% per annum from January 25, 2014 to July 11, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C’s financial relationship (1) with the Plaintiff and D Co., Ltd. (hereinafter “D. The Plaintiff and D jointly referred to as the Plaintiff and D, the Plaintiff’s side) invested a total of KRW 800 million from August 2008 to February 2, 2009 to E Co., Ltd. (C and F collectively referred to as C and jointly referred to as “C”) operated by C and C, and recovered part of them.

(2) The Plaintiff’s side determines the contract term on June 30, 2009 from June 29, 2009 to January 26, 2010, and the Plaintiff’s side directly invests KRW 1 billion in C, and the Plaintiff’s side directly invests KRW 300 million on June 29, 2009, and the same year.

7.10.30 million won, and the same year.

7. 30.

8. 30.

9.30. Each of the parties agrees to make an investment of KRW 100 million on June 29, 2009, KRW 300 million on the part of C, and the same year.

7. 10.30 billion won was actually invested.

(3) On January 26, 2010, the Plaintiff and C set up an investment contract with the Plaintiff at KRW 1 billion on the aggregate of the balance of the investment made by the Plaintiff through Song Home shopping and the amount of the investment made by the Plaintiff under the investment contract on June 30, 2009, and the unpaid profits. D and F set up an investment contract with KRW 1 billion and KRW 1.5% per month of the investment return.

B. On the Daegu Northern-gu G 484.6m2 and its ground building (hereinafter “each real estate of this case”) where the registration of the transfer of a right to collateral security has been made, the first-class collateral security, which is the debtor company, E-mortgage company, small and medium enterprise distribution center, and the second-class collateral security, which is the debtor company, E-mortgage company, the small and medium enterprise distribution center, and C’s 1/2 share among each real estate of this case, was established with a maximum debt amount of 60 million won, E-mortgage company, the debtor company, E-mortgage company, and E-mortgage shopping company, the mortgagee company, etc., but the plaintiff completed the above first-class and second-class collateral security registration to secure the repayment obligation of the investment amount.

C. The defendant's application for the auction of real estate (1) The plaintiff is determined by the above C's monetary transaction content and the reason why the right to collateral security was transferred.

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