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(영문) 서울중앙지방법원 2014.12.17 2012가단239154
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from June 1, 2012 to the day of complete payment.

Reasons

1. In March 2006, the defendant, although he was found to have never had no intent or ability to sell, install, operate, etc. a machine by assembling it, even if he was paid money from the plaintiff as investment expenses, it can be seen that "the plaintiff is a large amount of profit if he sells it by raising added value by purchasing engines, power generators, and compact presses rather than selling it in Korea as they are imported, and attaching it on the above imported machine. Because he had a machine manufacturing and assembly factory in Macheoncheon, he uses it to assemble the machine if he invests in it, and as he knows many customers, he act as a broker for the sale of the assembled machinery, and is responsible for the mechanical installation, test operation, and one-year circuit service."

The Defendant received KRW 3,600,000 from the Plaintiff on March 21, 2006 as the purchase cost for the unregistered electric power generation and received KRW 2,873,532,800 in total from around that time to July 8, 2011.

【Ground for recognition】 1, 2, and the purport of the entire pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 50,00,000,000, which the Plaintiff seeks as part of the claim, as damages for the tort, and the damages for delay at the rate of 20% per annum from June 1, 2012 to the day of full payment, which is the day following the delivery of the payment order in this case, to the day of full payment.

3. According to the conclusion, the plaintiff's claim of this case is reasonable.

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