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(영문) 대구지방법원경주지원 2014.04.22 2013가단3760
양수금
Text

1. The defendant farming company that is the defendant farming company shall pay to the plaintiff KRW 61,119,829 as well as its related amount from November 29, 2012 to November 29, 2014.

Reasons

1. Basic facts

A. On January 31, 2008, the Plaintiff, upon introduction by Defendant B, invested KRW 70,000,000 in relation to a real estate development project promoted in Ulsan-gun D Forest (hereinafter “instant forest”) by the Defendant Company in Ulsan-gun, Ulsan-gun, Inc. (hereinafter “Defendant Company”).

B. On February 1, 2008, the Plaintiff was set up a right to collateral security of KRW 70,000,000 with respect to the instant forest land under the name of the Defendant Company.

【Grounds for Recognition】 Each entry of evidence Nos. 1, 2, 3, 6, and 8, and the purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. The Plaintiff indicated the claim that the Defendant Company invested KRW 70,000,000 in relation to the real estate development project promoted in the forest of this case.

The defendant company promised to pay the full amount of the loss when the plaintiff suffered investment loss.

However, real estate development projects promoted by the Defendant Company returned to a failure. Accordingly, the Plaintiff suffered a loss equivalent to KRW 41,734,729,729, the total of KRW 19,119,829 (=700,000-28,265,271, KRW 19,385,100, and KRW 619,100,000 (=70,000-28,265,271, KRW 19,385,100), which was paid by the Defendant Company in the auction procedure related to the forest of this case.

Therefore, the Defendant Company is obligated to pay the Plaintiff the amount of loss KRW 61,119,829, as well as the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from November 29, 2012 to the date following the date of distribution, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment to recommend confession

3. Determination as to claims against Defendant B and C

A. The summary of the Plaintiff’s assertion that Defendant B and C incurred losses by investing the Plaintiff in the Defendant Company.

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