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(영문) 서울동부지방법원 2018.01.17 2016가단21309
손해배상 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Claims as to the cause of claim;

A. From October 20, 2014 to March 19, 2015, the Plaintiffs concluded a contract for the sale of solar power plants with Q Q and R Co., Ltd. (the representative of the Defendant S; hereinafter the same shall apply) on the false end, including that the Defendant S’s “high profitability exists” and “the construction is completed for a six-month period.”

The sales contract for sale in lots becomes a land supplier, Q is a solar power plant supplier and completed the construction of the facility with the permission for solar power plant in YYYYYYYYYYYYYYYYYY, the buyer moves the land and power generation facilities to the buyer, and the buyer deposits 281,00,000 won per unit of the power plant to the above two companies according to the progress of construction.

‘The contents' are the contents.

B. From October 2014 to April 2015, Defendant S acquired the down payment and the first intermediate payment pursuant to the sales contract from the Plaintiffs and acquired them by deceit.

C. Therefore, Defendant S is liable to compensate the Plaintiffs for damages equivalent to the down payment and intermediate payment as compensation for tort.

In this case, some of them are claimed. D.

Defendant Q and R are companies that were made by S for the purpose of investment fraud, and thus, they are jointly and severally liable for the illegal acts of S, a representative director.

E. Defendant V and W conspired with Defendant S to obtain the sales price from the Plaintiffs.

Defendant T and U shall be jointly and severally liable for the illegal acts of the representative director.

2. The evidence submitted by the plaintiffs alone is insufficient to recognize that the defendant S has obtained the purchase price by deceiving the plaintiffs, and there is no other evidence to acknowledge it.

The plaintiffs' assertion against the defendant S does not need further review, and there is no reason to believe that there is no other argument against the remaining defendants, which is premised on S's deception.

3. All of the plaintiffs' claims are dismissed.

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