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(영문) 서울중앙지방법원 2017.06.23 2014가합577543
불법행위에 기한 손해배상청구
Text

1. The part of the obligee’s subrogation claim against Defendant D is dismissed.

2. Defendant C.

Reasons

1. Basic facts

A. Defendant C is the representative director of G Co., Ltd. (hereinafter “G”) that carried out the F Commercial Building Sale Business (hereinafter “instant parcelling-out Business”) at the Ethnyang-si, Namyang-si.

B. Defendant C became aware of Defendant B, who had been operating a real estate office in the area of the Western branch around the end of 2009, and Defendant B was to assist Defendant B in the instant sales business in early 2010.

Accordingly, Defendant B opened the real estate office in F with the trade name “H” around August 2010, and thereafter, Defendant C solicited investors in connection with the instant sales business at the request of Defendant C.

C. Defendant B, at the “H” real estate brokerage office located in Namyang-si, Namyang-si, I. 105 around July 21, 201, provided that “G is temporarily promoting the instant parcelling-out business, and the funds to be used for the business are needed. In the event that money is invested in the instant parcelling-out business, even one of the three parcels already started shall be paid as soon as the completion of the business is completed. At a rapid rate, Defendant B, at least one project will be completed at the patrolmen around June 21, 201, and at least one project will be completed at the latest around December 21, 201, and KRW 60 million around July 21, 201, and KRW 40 million around July 22, 2011, respectively.

Around July 29, 2011, Defendant B received KRW 200 million from the Plaintiff on the following grounds: “Around July 29, 2011, Defendant B, who wishes to obtain a loan necessary for the instant parcelling-out business from the bank, requires loan fees, advance interest, etc.; if the Plaintiff invests more than KRW 200 million, at any one of the three parcels already started, Defendant B was granted KRW 300 million in total with KRW 100 million in total with KRW 100 million in total with KRW 300 million in total with KRW 100 million in total with KRW 100 million in completion of the business, as security,

E. After October 28, 2011, Defendant D Co., Ltd. (hereinafter “Defendant Company”) was established to take exclusive charge of selling G stores, and Defendant B was appointed as the representative director of the Defendant Company.

(f).

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