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(영문) 부산지방법원동부지원 2014.11.07 2014가합894
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties involved B (hereinafter “B”) are companies running the business of creating and selling a site for the first ground industrial complex in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant business”), from around 2007, and the defendant is the representative director of the B company and the plaintiff who purchased part of the site in the said industrial complex.

B. (1) On January 7, 201, the Plaintiff agreed to lend KRW 119,350,000 to Company B, and received a certificate of borrowing from Company B as follows.

Total amount: The first loan of KRW 119,350,00: the first loan of KRW 47,300,000: the second loan of KRW 72,2050,000 on January 10, 201: The purpose of the second loan of KRW 7,2050,000: on February 2, 2011, the second loan of KRW 11,9350,000: on March 31, 2011, the time when the scheduled date for repayment of the cost of repair of the D Coastal Fishing Villages E-S (U.S.): the Plaintiff transferred KRW 4,730,00 on January 10, 201; and accordingly, the Plaintiff transferred the total of KRW 11,9350,000 to the B company account.

(hereinafter referred to as “instant loan”). [Grounds for recognition] The loan of this case is without dispute; Gap evidence Nos. 1, 2, and 5; Eul evidence Nos. 6 (including branch numbers), and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's assertion asserts that the defendant is obligated to pay the above KRW 11,9350,000 as damages, since the defendant deceivings the plaintiff as follows, and defrauds the plaintiff with 11,9350,000 won.

(1) The Defendant lent KRW 11,9350,000 from the Plaintiff to the cost for the instant construction works for the Korea Coastal Eth (hereinafter “instant construction works”) Gyeongsung-gun D (Seoul-gun), which was implemented as part of the instant construction works by the Company B. However, Hosan Construction Co., Ltd., which is irrelevant to the Company B, did not belong to the Company B.

(2) At the time of the instant loan, B was liable for 14.8 billion won to the mobilization and development of a stock company (hereinafter “coverage development”), and was not repaid by June 30, 201, the right to the instant project.

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