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(영문) 서울중앙지방법원 2020.11.24 2019가단5160320 (1)
불법행위로 인한 손해배상
Text

1. The Defendant jointly with E and F, as well as KRW 195,00,000,00 for the Plaintiffs, and the period from August 12, 2017 to August 8, 2019.

Reasons

Facts of recognition

E (Codefendant of this case) is a substantial representative of the G Co., Ltd. located in Si-si established on November 18, 2015 (hereinafter “G”) for the purpose of the construction and sale of solar power plants, and is a person in charge of the construction and sale of solar power plants.

F (Co-Defendant of this case) is a person who has served as a representative director in the form of G from September 11, 2017 to March 21, 2018 while managing G’s funds, and E.

N is an adviser or vice president who is employed in G on July 3, 2017 and is in charge of water color and authorization and permission work on the site of solar power plants as the adviser or vice president.

Defendant (H) is a person who enters G around February 2017 and takes charge of business and sales as the head of the headquarters.

Defendant, E, F, and N, while running the solar power plant construction and sales business in G, advertised as if the power plant is completed and operated within the period of the promise to sell the solar power plant and would raise high profit equivalent to 14% of the monthly sales price, and conspired to receive the sales price from the victims who reported the advertisement and find the advertisement.

Around July 2017, the Defendant stated to the effect that “The Plaintiffs, the victims of the foregoing G office reported the said G advertisement, established 15 corporations from Gangseo-gun I, thereby obtaining permission for the electric generation business, and that the land was acquired from the company via this corporation. All of the surrounding civil petitions are resolved. In the event of sale, the construction work may be completed and operated until the end of 2017, and the profits equivalent to KRW 20 million may be earned each month.”

However, in the case of the above I site, on May 16, 2017, the land owner J established 15 corporations and obtained permission for the electricity generation business. E entered into a contract with the J on May 29, 2017 to take over the I site and the power generation business license amounting to KRW 3 billion in total, including KRW 1.2 billion for the I site and KRW 1.8 billion for the power generation business license. However, the J received a contract.

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