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(영문) 광주지방법원 2015.11.11 2015가단11194
손해배상(기)
Text

1. From April 24, 2015 to September 30, 2015, Defendant C’s KRW 30,000,000 to the Plaintiff, and the following:

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, No. 2-1, No. 2-3 and the purport of all pleadings:

On March 19, 2014, the Plaintiff entered into a contract with Defendant C, and the Defendant C, from March 27, 2014 to May 30, 2014, to grant the Plaintiff the authority to collect and dispose of the scrap metal and scrap metal generated from Daegu-dong E and 79 parcels, and to dispose of them at the market price. The Plaintiff entered into a contract with Defendant C to pay KRW 50,000,000 (hereinafter “instant contract”).

B. On the same day, the Plaintiff paid KRW 30,000,000 among the above deposit to Defendant C.

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion 1) Defendant C stated that “When Defendant D transferred 80 parcels of land located in 1-A, it would have the right to remove the said construction work to the Plaintiff.” Defendant B promised to pay 50,000,000 won to the Plaintiff. The Plaintiff entered into the instant contract and paid 30,000,000 won to the Defendant C with deposit money. Defendant D was unable to perform construction work due to the shortage of deposit, and the Plaintiff stated that “When 10,000s of land located in 80 parcels of land located in 1-A, it would have the Plaintiff paid 50,000 won to the Plaintiff.” However, the said construction work did not exist from the beginning, and the Defendants did not have the intent or ability to recover the said scrap and file a claim for 40,000 won to the Plaintiff, thereby inducing the Defendants to return 30,000 won to the said Plaintiff.

Although the corporation promised to ", the corporation was not commenced."

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