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(영문) 부산고등법원(창원) 2014.10.23 2012나5240
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2. The defendant.

Reasons

1. Basic facts

A. On August 2008, the Plaintiff entered into a delegation agreement with the Defendant on the terms of purchasing the factory site and performing the relevant authorization and permission work, etc. (hereinafter “instant delegation agreement”) in order to construct a new start-up factory (hereinafter “instant construction”) on the 127,954 square meters and 14 square meters (hereinafter “instant factory site”).

B. On August 29, 2008, the Defendant purchased a factory site from D on August 29, 2008 in accordance with the instant delegation contract, and completed the construction of the factory site after purchasing the land in such a way as to conclude a sales contract with

C. On November 27, 2008, the Defendant applied for approval of the business plan for the establishment of a small and medium enterprise in the name of E representative Plaintiff, F representative G, H representative G, and H representative I, which is three enterprises occupying a factory, and the Minister of Development, Food and Rural Affairs approved the business plan for the establishment of a small and medium enterprise to the above three enterprises on February 27, 2009.

The Plaintiff paid KRW 77,520,00 to the Defendant for expenses, etc. necessary for performing duties under the delegation contract of this case.

E. The Plaintiff filed a complaint with the Film Branch Office of the Changwon District Prosecutors’ Office on January 26, 201, on the ground that the Defendant acquired money under the name of security, etc., by fraud, etc., but was not subject to a disposition of non-prosecution to the effect that there was insufficient evidence as prescribed by the Film Branch Office of the Changwon District Prosecutors’ Office in 2010, which was sentenced to a disposition of non-prosecution to the effect that there was no suspicion due to insufficient evidence. Although the Plaintiff filed an application for adjudication on this, the Plaintiff was also dismissed on June 16, 201 by Busan High Court Decision 201Hu15

F. The Defendant, J, and K filed a complaint by deceiving KRW 140 million under the pretext of granting the right to construct a factory and construct a factory against the Defendant, J, and K. However, on September 14, 2010, the lower court rendered a non-prosecution disposition to the effect that there was insufficient evidence as prescribed by the Presidential Decree No. 8378 of the Seoul District Prosecutors’ Office’ Office in 2010, and that there was no suspicion.

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