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(영문) 대구고등법원 2018.10.17 2017나26134
손해배상(기)
Text

1. Of the judgment of the first instance, Plaintiff A, B, C, D, and E with respect to the Defendants corresponding to the amount ordered to be paid under paragraph (2).

Reasons

1. Basic facts

A. Business promotion of Q Q Co., Ltd., Ltd., Q Q Co., Ltd., Ltd. (hereinafter “ Q Q”)

A) From around 2010, in promoting the construction of electric power units in Yongcheon-si R, and around 2013, the business plan is a tourism and recreation facility business (hereinafter “instant business”).

(2) Q bears various obligations to promote the instant business, as well as creditors, including the Defendants, for the purpose of securing their obligations, set up a collateral security right as listed in Table 1, until March 2016, with regard to each real estate listed in Table 2 below, as follows.

[Attachment 1] RS AJ U AK AI AI Q Q AH Q Q / [Attachment 2] AI AI Q Q Q Q Q AP AP AP AE I J Z

B. The Defendants’ claims against Q and the Z on March 13, 2016: (a) transferred KRW 40 million to Defendant K and completed the registration of transfer on March 14, 2016; (b) Co-Defendant I and J had claims arising in relation to Q in the course of the instant project, including loans, land ownership, construction cost, wages, etc.; (c) the details are as shown in Table 3 below. [Attachment 3] Meanwhile, the Defendants and the Defendants, Z, I, and J were represented by Defendant K and confirmed the existence of each of the above claims on behalf of Q on December, 2014; and (d) concluded that each of the above claims should be extinguished in the course of the instant project; and (e) the Defendants, Z, Q and J agreed to withdraw each of the above claims on the grounds that each of the claims should be exercised against Q; and (e) the Defendants, Z, Q and J agreed to the effect that each of the above claims should be withdrawn as the maximum debt amount in each criminal case.

3 In accordance with the above agreement, Q Q as to each real estate listed in Table 1 on December 16, 2014, the Defendants, Z, I, and J as co-creditors, and the debtor Q as co-creditors, respectively.

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