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(영문) 부산지방법원 2017.05.10 2014가합50619
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 2013, Defendant D proposed that the Plaintiff E Co., Ltd. (hereinafter “E”)’s operation of the Plaintiff Company E (hereinafter “E”) make an investment of KRW 150,000,000,000,000,000,000,000, in the vicinity of the Busan-gun F (hereinafter “B”); and that, on July 5, 2013 and July 31, 2013, the Plaintiff transferred KRW 50,000,000 to the deposit account in the name of E.

B. Around August 2013, Defendant D entered into a business agreement with the Plaintiffs on the investment of KRW 300 million each from the Plaintiffs in the crowdfunding land project promoted by Defendant D in Busan Shipping Daegu H (hereinafter “SP”) along with G, and the said agreement from the Plaintiff.

It agreed that KRW 50 million invested in the loan business of this subsection will be changed to the investment in the investment in the crowdfunding project.

C. After that, under the pretext of investment in the PPP project, Plaintiff A remitted KRW 20 million on August 22, 2013, KRW 30 million on September 9, 2013, KRW 50 million on September 26, 2013, KRW 10 million on October 1, 2013, KRW 65 million on the aggregate of KRW 50 million on September 15, 2013, KRW 200,000 on September 23, 2013, KRW 10 million on September 23, 2013, KRW 20 million on September 23, 2013, and KRW 70 million on October 24, 2013, KRW 50 million on each deposit account in the name of Defendant C.

Meanwhile, on October 29, 2013, the Plaintiffs, Defendant D, and G established Company I (hereinafter “I”). The shares of the said Company are 10,000 shares G, 6,000 shares by Defendant C, and 2,00 shares by the Plaintiffs, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, 4, Gap evidence 8, Gap evidence 19-1 through 12, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination as to the claim against Defendant D

A. The summary of the plaintiff 1's assertion that the plaintiff 1's assertion was caused by fraud is to invest in the loan business in the plaintiff 1 although the plaintiff 1 did not intend or have an ability to pay profits or return investment funds to the plaintiff 1.

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