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(영문) 대구지방법원 2015.10.02 2014가단21301
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff became an investment in secured bond bidding upon the C’s recommendation that, while receiving education at the D Auction Education Center operated by C, investments in non-performing loans can be made by investing in the secured bond bidding.

B. C has recommended investment to the Plaintiff, etc. in order to raise KRW 2 billion for the bid bond to participate in the bidding of secured bonds among non-performing loans sold in the name of E Co., Ltd. or the company to be newly established by C. At the time, C agreed to transfer the above bonds to the Plaintiff and to collect the bonds directly by the Plaintiff and to obtain profits from investment in the event that the Plaintiff was awarded a bid after the Plaintiff selected the individual bonds among the secured bonds he/she intends to participate in the bidding.

C. Accordingly, the Plaintiff decided to invest the secured real estate among the secured collateral bonds offered by C in an amount of KRW 174,400,000, the principal of the bond is KRW 138,720,00, and the estimated profit is KRW 51,156,480 (hereinafter the above apartment house is referred to as “instant secured property” and the above bond is referred to as “instant secured collateral bond”).

On December 2, 2013, the Plaintiff submitted a letter of intent to purchase the instant collateral to E Co., Ltd., and deposited KRW 30,580,000, including down payment of KRW 27,800,000 and purchase commission of KRW 2,780,00,00 in a deposit account under the name of E Co., Ltd. designated by C., and C established the Defendant Company on December 10, 2013 after the Plaintiff deposited the said down payment, etc., and thereafter, C was selected as a successful bidder by participating in the bidding of non-performing loans sold by E Co., Ltd. using the investment money deposited by the Plaintiff in the name of the Defendant Company.

E. Therefore, the Defendant Company concluded with the Plaintiff on behalf of the Defendant Company C.

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