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(영문) 서울중앙지방법원 2016.09.07 2014나15681

약정금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasons for the court's explanation of this case are as follows: "The defendant also grants C the right of representation to enter into the partnership agreement of this case on behalf of the defendant by issuing a resume, resident registration certificate, seal imprint certificate, identification card, and certificate of personal seal impression to C, or even if not granting the right of representation, it is obligated to pay the above amount as it constitutes an expression agent or a nominal lender under Article 24 of the Commercial Act." The 13th of the same page "First of all, the health class where the plaintiff entered into the partnership agreement of this case with the defendant," the 11th of the judgment of the court of first instance, "the health class where the plaintiff entered into the partnership agreement of this case with the defendant, whether the plaintiff directly entered into the partnership agreement of this case with the defendant," and the 3th of the judgment of the court of first instance, "the defendant directly entered into the partnership agreement of this case with the plaintiff of this case," and therefore, the 12th of the judgment of the court of first instance and the 40th of the judgment as follows.

2. Furthermore, comprehensively taking account of the following circumstances: (a) whether the Defendant granted the right of representation to C; and (b) the purport of the entire pleadings in witness E’s testimony, C is identical to the Plaintiff’s assertion that the Plaintiff issued the resume, resident registration certificate, seal imprint, identification card, and a certificate of personal seal impression under the name of the Defendant at the time of entering into the instant trade agreement; (c) there is no evidence to acknowledge whether the Defendant granted the right of representation to C by delivering each of the above documents; and (d) the overall purport of the arguments in the first instance trial and the examination of evidence as a whole; (c) in other words, C appears to have kept the above documents for the Defendant’s four-party insurance policy; and