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(영문) 인천지방법원 2019.08.14 2018가단200623
손해배상(기)
Text

1. The Defendants amounting to KRW 95,00,000 for each Plaintiff and KRW 15% per annum from December 25, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. Defendant B is between Defendant C and 10 years ago, and Defendant C is friendly with F, the chairman of the Pyeongtaek-si E Housing Association.

B. Around August 16, 2013, Defendant C received the power of attorney from the F in relation to the authority to select an enterprise related to the said E Apartment Complex at the construction site of the E Apartment Complex (hereinafter referred to as the “instant brinate”).

However, the above housing association is dissolved on June 2014, and the above F departs from the Republic of Korea to the Philippines due to the legal disputes related to the instant bate restaurant contract, etc., and Defendant B and Defendant C did not have any authority in connection with the above E E projects on September 2014.

C. In September 2014, Defendant D called the Plaintiff as “Saman,” and entered into the Plaintiff. Defendant D and Defendant B introduced Defendant B as “director of the event at the time of the above E event,” and ordered the Plaintiff to operate the instant box.

The Defendants introduced, around September 30, 2014, at the office of Defendant C located in the vicinity of the office of Pyeongtaek-si, the name of the planning director, Defendant C as the representative of H, E, and Defendant B introduced that the Plaintiff is a person who has the enforcement date as Defendant C, and that the Plaintiff would be a person who has the enforcement date as Defendant C. The Defendants introduced that the Plaintiff would have the operating expenses of the executive company and the amount of KRW 100 million to be spent to H directors. The Defendants stated that “The Plaintiff would be able to operate the instant warship restaurant within December 2014, and would refund KRW 200 million if the Plaintiff could not open the restaurant within December 2014.”

E. On the same day, the Plaintiff transferred KRW 100 million to the Defendant C Exchange Bank account under the name of the Defendant C’s foreign exchange bank account for the purpose of operating the instant cafeteria.

F. Defendant B was indicted by Suwon District Court Decision 2017Ma539 on the criminal facts that he/she acquired 100 million won by deception from the Plaintiff as above (hereinafter “Defendant B”) and the above case.

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