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서울남부지방법원 2015.06.05 2014나55289

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. D, such as the party’s status, is an implementer of a new construction project of H I building located in light of the broad tide (hereinafter “instant project”).

G Co., Ltd. is a sales agency of the instant business, and the co-defendant B of the first instance trial is a person who actually operates G Co., Ltd., and the construction cost is insufficient due to low sales performance of the I building, thereby raising investors to raise the instant business funds. The G Co., Ltd. received a sales contract on the instant commercial building from D and issued it to investors, and offered security for investment funds by collecting the sales contract while returning investment funds.

B. If the Plaintiff, the Defendant, the F, and E (hereinafter “Plaintiff and the Defendant, etc.”) around October 19, 2010, delivered KRW 200 million per person, including the payment of investment, to G and B, and four persons, including the Plaintiff and the Defendant, including the Plaintiff and the Defendant, as investment money, KRW 50 million per person per person per the instant project, respectively, as investment money, G and B returned the said principal amount of KRW 200 million on April 18, 201 to four persons, including the Plaintiff and the Defendant, and KRW 50 million per person per investment profit on September 30, 201, additionally paid KRW 200 million per annum, and if the principal amount of KRW 200 million is delayed, 30% per annum shall be paid, and the principal and interest shall not be paid until September 30, 2011, the agreement shall be entered in the list of accord and satisfaction in the instant project (hereinafter “Attachment”).

C. Around October 19, 2010, B delivered the sales contract form to the Defendant, around October 19, 2010, the original of the sales contract form in which the seller D and one other, and the purchaser G (hereinafter “instant sales contract”). A copy of the sales contract form in this case was delivered to the Plaintiff, F, and E.

On October 2010, the Defendant received a request from B to return the instant sales contract from the end of October 2010 and returned the original of the instant sales contract to B.

The defendant on October 25, 2013.