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(영문) 의정부지방법원고양지원 2016.11.17 2015가단31936

약정배상금

Text

1. The Defendant shall pay to the Plaintiff KRW 12,00,000 and the interest rate of KRW 15% per annum from November 20, 2015 to the date of full payment.

Reasons

1. Basic facts

A. Around July 21, 2015, C Co., Ltd. (hereinafter “Defendant Company”) entered into an entrusted operation agreement with E to entrust the operation of fishery coaches in C with KRW 20,000,000 for 12 months from September 21, 2015 to September 2016, and agreed to pay to the Plaintiff as a intermediary fee of KRW 2,00,000,000 to an individual among individuals.

B. Around July 27, 2015, Defendant Company entered into an entrusted operation agreement with F to entrust F with the operation of static C in the form of KRW 200,000,000 for 24 months from September 2015 to September 2017, Defendant Company agreed to pay the Plaintiff KRW 10,000,000 as an intermediary fee among individuals.

C. The defendant was the representative director of the defendant company at the time of the conclusion of the above contract.

On August 31, 2015, the Defendant registered an individual entrepreneur called “G” and operated C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, purport of the whole pleadings

2. The defendant's judgment on the main defense of the defendant's main defense asserts that the defendant has no standing to be the defendant since the plaintiff files a lawsuit against the defendant company seeking a brokerage commission under a contract concluded between the defendant company.

However, in a lawsuit for performance, a person who asserts that he/she is the person entitled to claim performance has standing to sue and has the obligation to perform as the defendant.

The defendant's above assertion is not accepted.

3. Judgment on the merits

A. Although the defendant's liability company for the payment of brokerage commission has the external form of a legal entity, it is merely merely taking the form of a legal entity, and in substance, it is merely another person's private enterprise behind the legal entity or used without permission as a means to avoid the application of laws against the person behind the legal entity.