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(영문) 인천지방법원 2015.01.21 2014가합1955
손해배상(기)
Text

1. The Defendants: KRW 180,000,000 for each Plaintiff and 5% per annum from March 3, 2011 to October 9, 2014.

Reasons

1. Basic facts

A. Defendant B, from April 2010 to December 201, to the representative director of E (E) Company E (hereinafter “E”), supervised and led the entire G construction project (hereinafter “instant project”) from Gangwon-gun F from Gangwon-gun. Defendant C was in charge of the said company’s business director’s position and was in charge of attracting investment and funding.

At the time, Defendant D, as the actual operator of E, supervised and led the overall business of this case together with the above Defendants.

B. The Defendants explained differently from the facts about the terms and conditions of investment, the purpose of use of the investment fund, and the repayment method to the Plaintiff seeking to invest in the instant project, and conspired the Plaintiff to acquire money as investment funds.

Defendant B and C, according to the foregoing public offering, around March 3, 201, used the entire investment amount of KRW 300 million as part of intermediate payment for the instant project land. The investment principal may be repaid in advance three months. The investment principal may be returned if the Plaintiff wishes to recover the investment principal before three months. In March 2011, Defendant B and C applied for construction funds to a forestry cooperative and paid the investment principal after obtaining permission to engage in development activities for the project land during the period of March 201. It refers to an agreement to pay KRW 6.48 billion for construction-related PF 6.48 billion at the Gangnam Forestry Cooperatives. The agreement with the Plaintiff was made and received KRW 300 million thereafter.

However, Defendant D and B received 300 million won from the Plaintiff, among which they received 300 million won from the Plaintiff, planned to use KRW 150 million as the investment attraction fee, KRW 150 million as the sales contract for the instant business land, and KRW 100 million as the office operating fund, respectively. There was no agreement from Gangnam Forestry Cooperatives to obtain a loan of KRW 6.488 billion from the Gangnam Forestry Cooperatives, and it was not possible to obtain permission for development during March 201, so there was no intention or ability to return the investment amount to the Plaintiff before and after 3 months after receiving the investment amount.

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