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(영문) 서울중앙지방법원 2020.11.25 2020나15934

추심금 청구의 소

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the following is added, following the last day of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. According to the statements in Eul evidence Nos. 2 through 6 (including additional numbers), the promotion committee of this case requested the defendant to execute funds of KRW 605,00,000 and KRW 33,150,000 with the consent of D on August 22, 2016. The defendant transferred the above money to the account designated by the promotion committee of this case on August 23, 2016. The promotion committee of this case requested the defendant to execute funds of KRW 55,00,000 with the consent of D on September 13, 2016. The defendant transferred the above money to the account designated by the promotion committee of this case on September 13, 2016; the balance of the defendant's account for the agency contract of this case after obtaining the consent of the promotion committee of this case on September 25, 2016; the defendant obtained the consent of the promotion committee of this case on September 13, 2016; and the defendant received the consent of the promotion committee of this case.

7) There is no evidence to deem that the instant promotion committee and D have submitted to the Defendant a written consent that they paid the agency fee to D and agreed to abolish the agency fee account under the Defendant’s name by the date of closing the argument of the instant case. Thus, even if D has an agency fee claim equivalent to the model voucher construction cost, it cannot be said that the Defendant is liable to pay D the balance of the agency fee account under the Defendant’s name.