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Reasons
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(영문) 부산고등법원 2008.04.01 2007나13763
손해배상(기)
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1. The part against the defendant in the judgment of the first instance shall be revoked;

The defendant is the co-defendant C of the first instance trial and the plaintiff of each party 85.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or are recognized by comprehensively taking account of Gap evidence 1, Gap evidence 1, Gap evidence 2, Gap evidence 4, 5, Gap evidence 1 to 8, Gap evidence 6-1 to 8, Gap 7, 8, Eul evidence 1 to 5, Eul evidence G's testimony in the first instance trial and the whole purport of this court's argument as a whole.

A. The defendant is the co-defendant C of the first instance trial.

B. (1) On January 1, 2003, the Defendant, along with the first patrolman C, decided to build the Hmerdi Local Center in Busan, Daegu D, but failed to purchase the necessary site. On June 2003, 200, the Defendant did not proceed with the above project as the wind designated as the Busan Shipping Daegu as the overheated speculative Zone.

(2) Accordingly, the Defendant and C intended to invite investors to raise funds necessary for the establishment of the above Hmerdi Center.

C. Around July 25, 2003, upon receiving the Defendant’s instructions, C received the Defendant’s instructions from the Plaintiff at the I’s office (the sales agency established by the Defendant as the representative director on May 6, 2003; hereinafter “I’D”) that “I secured the site for the construction of a main center in the vicinity of K, and would have been scheduled to start within one month, and if investment of KRW 40 million is expected to start within 1 month, two times the principal amount shall be paid as profits within one year, and the said main center’s right as security will be given as a sales agency for the said main center,” and the Plaintiff issued KRW 40 million from the Plaintiff.

Then, the Defendant waived the Hmerdi Local Center construction project, and established L Co., Ltd. (hereinafter “L”) on December 9, 2003, and started a newmerdi center construction project in the Flug M of Flug-gu Busan. At that time, the Defendant used the above KRW 40 million received from the Plaintiff as operating expenses, etc.

E. The defendant and C have borne the obligation of KRW 150 million with respect to L around November 2003.

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