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(영문) 서울남부지방법원 2020.07.24 2019가단259627

약정금

Text

All of the plaintiff's claims are dismissed.

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

Reasons

According to the statement in Gap evidence No. 2, the contract that the plaintiff entered into in February 2017 is a business business service contract (Busi business service contract (hereinafter "the contract in this case") and can be known that the other party is E (E; hereinafter "E") and the evidence No. 3-4 and No. 4-2 are added to the plaintiff's argument designated in the contract in this case.

It is recognized that the Plaintiff deposited the national bank account of February 7, 2017, KRW 20 million, and KRW 40 million on April 25, 2017.

(A) The Plaintiff asserts that the actual party to the contract of this case is Defendant B Co., Ltd. (hereinafter “Defendant”) or the Defendant Co., Ltd. is included in the contract of this case, or otherwise, E Co., Ltd. is an abuse of legal personality. However, all of the evidence submitted cannot be acknowledged by all together.

The plaintiff asserts that in addition to the contract of this case (a) the agreement of this case, a consulting contract, a brokerage or mediation contract was concluded between the plaintiff and the defendant company to provide consulting services for the interest of investment.

Even if the contract is not prepared, it can be concluded as a matter of course, and the fact that the defendant company or the defendant D, who is its employee, performed certain related duties for the plaintiff is also recognized by the defendants.

However, it cannot be deemed that the Defendant Company entered into a contract to provide the same service as the instant contract.

In addition, there is no evidence that the defendant company guaranteed the result of the plaintiff's investment immigration, and such guarantee is not included in the contract of this case.

In accordance with the factual evidence, if there exists a contract between the Plaintiff and the Defendant, the contract between the Plaintiff and the E Company shall be deemed to be a contract mediating the conclusion and performance of the instant contract.