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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from April 15, 2016 to the date of complete payment.
Reasons
1. Determination as to the cause of claim
(a) The facts subsequent to the facts of recognition may be found either in dispute between the Parties or in full view of the respective entries and arguments in Section A(1) to Section 3, 5 to 11, and Section B(including paper numbers) to Section B and 6(including paper numbers):
Around December 2013, the Defendant’s fraud, around the end of December, 2013, the Plaintiff, D, and E “A company in Indonesia operates in Indonesia with land equivalent to 60 billion won in Indonesia, and the company’s business funds are also deposited in the bank account in the name of Singapore HSBC, thereby seeking to carry out the Lart construction business. Upon the establishment of the telecommunications equipment company, the said company may later take over the construction of telecommunications equipment and facilities of the Lart business and gain profits of 3 billion or 4 billion won. Accordingly, the company’s incorporation capital and proposed to carry out the business.”
Accordingly, on January 1, 2014, the plaintiff, D, and E entered into a smart telecommunications business partnership agreement with C, with the plaintiff, D, and E as the initial fund of KRW 50,000,00,00, and C as the overall activities related to the marketing of the above business, and the plaintiff, E, D, and C hold one-fourth shares.
At the time, the plaintiff paid KRW 5,000,000 to the advisory fee for certified judicial scrivener.
On the other hand, the plaintiff, E, and D agreed that they will bear all risks to initial funds.
However, in fact, land of the amount of KRW 60 billion in the Mesheshesheshel's 60 billion was formed only with the actual owner, and there was no ownership in C or the company operated by C, and there was no special deposit in the account of the Singapore HSBC bank in the name of C.
C As above, by deceiving the Plaintiff, the Plaintiff shall be repaid upon the establishment of a later legal entity, and the Plaintiff shall receive KRW 50,000,000,000, in total, from E, and collected KRW 25,000,000, in total, from D, from C during January 2014, and also paid KRW 5,00,00,00 for the local business trip of Indonesia of C.