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(영문) 대구지방법원안동지원 2019.04.17 2018가단22626
손해배상(기)
Text

1. The defendant shall pay KRW 235,616 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On June 10, 2016, the Defendant drafted a written agreement on the consignment installation and operation of a stock company C (the representative D; hereinafter “instant company”) and an outdoor LED advertising board (hereinafter “instant business”).

The main contents are that the defendant bears the cost of installing the advertising board (40 million won per advertising board), but the company of this case establishes and operates the advertising board at the above cost and distributes the advertising income generated therefrom.

B. On June 20, 2016, the Plaintiff lent KRW 50 million to the Defendant, and was paid KRW 10 million from the Defendant on August 17, 2016 and September 20, 2016.

C. The Defendant, around October 2016, recommended the Plaintiff to make an investment by explaining the instant business, and the Plaintiff lent the Plaintiff to the Defendant.

It decided to invest 40 million won in the instant project as stated in the subsection.

At the time, the defendant was liable to the plaintiff for the above KRW 40 million.

On November 7, 2016, the Plaintiff and the instant company

The agreement on the project of this case was drawn up with the same content.

The plaintiff lent the above 40 million won to the defendant to the company of this case.

E. The Plaintiff decided to make an additional investment in the instant business, and transferred KRW 120 million to the instant company on December 16, 2016.

On December 19, 2016, the instant company prepared a cash custody certificate with the purport that the Plaintiff invested KRW 160 million (including KRW 40 million as stated in the foregoing paragraph (d)) to the Plaintiff.

F. The instant company pays to the Plaintiff KRW 1 million on December 8, 2016, and KRW 4 million on January 5, 2017, under the pretext of earnings for the instant business, and did not pay the Plaintiff thereafter.

G. The Defendant is against the Plaintiff on October 23, 2018.

As described in the paragraph, 40 million won was paid to the responsible party.

H. On December 9, 2018, the Plaintiff was paid KRW 60 million by the representative E of the Philippines corporations of the instant company.

[Ground] Evidence Nos. 1, 2, 4, 5, 6, 7, 18, 1, 2.

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