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Reasons
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(영문) 울산지방법원 2018.02.09 2017가단11116
손해배상(기)
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion

A. Upon receipt of a joint purchase proposal from Defendant B, the Plaintiff purchased 300/952 shares of the purchase price, whichever was 300/952 shares. Of the 1.15 million won purchase price, KRW 350 million equivalent to the Plaintiff’s shares was paid to the money owned by the Plaintiff and the money loaned under Defendant B’s name.

B. Since September 6, 2007, to April 29, 201, Defendant B sold the instant land in installments, which was the total sales proceeds of KRW 1,795,500,000.

C. Therefore, Defendant B is obligated to pay to the Plaintiff the remainder of the loans extended under Defendant B’s name to the Plaintiff as KRW 565,808,824 ( KRW 1,795,500,000 x 300/952) out of the total sale price. Defendant B paid only KRW 307,970,000 in addition to the remainder of the loans extended under Defendant B’s name.

Therefore, Defendant B is obligated to pay to the Plaintiff the remainder of KRW 57,838,824 ( KRW 565,808,824 - KRW 307,970,000 - KRW 200,000).

However, Defendant B’s purchase price of the land before the instant partition is KRW 1.25 billion, and the Plaintiff’s share purchased belongs to 280/952 and refuses to pay the amount that the Plaintiff has to actually receive, which constitutes a tort.

E. In addition, Defendant D took part in Defendant B’s tort by lending the name of Defendant B to cooperate in the acquisition and disposal of the land prior to the instant partition, and Defendant C took part in Defendant B’s tort by managing funds, such as receiving an investment from investors in the name of Defendant C and paying the purchase price.

F. Therefore, as a joint tortfeasor, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 57,838,824 and damages for delay.

2. Determination on the cause of the claim

A. The facts of recognition No. 1 purchase price between the investors and investors, after receiving investments from their relatives, including the Plaintiff, on July 26, 2005.

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