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(영문) 서울북부지방법원 2020.06.18 2019가합25923
손해배상(기)
Text

1. The Plaintiff:

A. As to Defendant B and D’s KRW 1,043,500,000 in common and as to Defendant B from December 13, 2016, Defendant B shall jointly take place on September 2019.

Reasons

Facts of recognition

The Plaintiff of the parties is a person who implements an urban environment improvement project in a zone A (hereinafter referred to as the “instant improvement project”) in the size of 59,889 square meters in Dongdaemun-gu Seoul Metropolitan Government E.

Defendant C served as the Plaintiff’s auditor from August 2008 to July 2015, 2015, and actually operated the F Co., Ltd. F (hereinafter “F”) which entered into a joint project implementation agreement with the Plaintiff for the instant rearrangement project, and Defendant B is a director of F while working as a director of F.

Defendant D is a person in charge of redevelopment-related affairs, such as the establishment of a management and disposal plan of the instant improvement project, while operating company G from January 2013.

F and Defendant D’s relocation compensation work entered into a joint implementation agreement with the Plaintiff on December 11, 2014, and the detailed implementation agreement on the implementation agreement on December 28, 2015 (the content that F is responsible for executing the Plaintiff’s compensation amount for the said area). Around September 2016, F reported the status of resettlement and compensation, and entered into an attached agreement on the said detailed implementation agreement (F reported the status of resettlement and compensation to the Plaintiff, and received project funds through the Plaintiff’s examination) and became responsible for resettlement compensation for business establishments within A, a prospective redevelopment area.

Defendant D has established a management and disposal plan and a relocation compensation plan, and has been in charge of relocation compensation for business establishments within the redevelopment area.

In the case of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Seoul High Court 2018No3417, Oct. 31, 2019, Defendant D conspired with the Defendants in the case of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of Seoul High Court 2018No2304, Feb. 7, 2019, and the Defendant D pretended to be the owner of sexual traffic business from September 23, 2016 to December 12, 2016, to be compensation for the owner of sexual traffic business from the Plaintiff.

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