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(영문) 서울중앙지방법원 2018.10.23 2017가합569123
손해배상
Text

1. The Defendant’s KRW 627,697,298 as well as 5% per annum from November 29, 2012 to October 23, 2018 as to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a party’s status 1) The Plaintiff is a C Union organized based on the Act on the Organization and Operation of C Union. 2) The Plaintiff is a co-operation with a national agricultural manager established with the aim of contributing to the construction of welfare agricultural and fishing villages through promoting friendship among members, scientificization of production technology, and rationalization of management. The Defendant started working in D around February 2000, and went to the position of the Secretary General of D around 2008 and was in charge of all affairs of D from that time.

3) On June 11, 2012, E, the Defendant’s university’s prior owner, as of D, was in the position of the head of D Distribution Business Association under the contract with the head of D Distribution Business Association that “D shall be able to conduct transactions under the name of D, and E shall carry out distribution business of agricultural products, etc. using the name of D as the head of the group, and distribute profits accrued therefrom at a certain rate with D.” B. The Plaintiff’s work manager, i.e., fabrication of private documents between the Defendant and E related to the conclusion of the instant investment contract and the Plaintiff, as of November 29, 2012, F entered into an investment contract with the Plaintiff, “D” and “D” into an investment contract with the Plaintiff on November 28, 2012, stating the Plaintiff’s obligation to purchase and sell its funds in the name of 30,000,000,0000 won under the name of the Plaintiff and 360,000,00 won under the name of D.”

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