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

A. The defendant is running a used car sales business, and the non-party C is a trade with the defendant company.

B. On November 2015, the Plaintiff and C agreed to operate a business with a bid from each National Police Agency to sell a motor vehicle and generate profits therefrom. The Plaintiff and C entered into a business agreement with the Plaintiff on behalf of the Plaintiff and the Defendant’s bid and sale of the funds, 60% of the profits, and 40% of the profits, to be distributed to C (hereinafter “instant business agreement”).

C. Under the instant business agreement, the Plaintiff paid the sum of KRW 255,140,000 as a bid bond to each National Police Agency from November 2015 to December 2015 (hereinafter “instant investment bond”).

As the business pursuant to the instant business agreement does not proceed smoothly, the Plaintiff demanded C to return the instant investment amount and received 217,370,000 won on several occasions from January 2016 to September 2016.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5 (including each number), the purport of the whole pleadings]

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is as follows: (a) the Defendant agreed to return the instant investment amount to the Plaintiff by April 15, 2016, via D, a substantial operator, around January 2016; (b) so, the Defendant is obligated to pay the Plaintiff the remainder of KRW 37,770,00 (=255,140,000 - 217,370,000,000, excluding the amount already returned out of the instant investment amount).

Second, even if the above agreement is not acknowledged, C is an employee of the defendant company and makes a transaction externally using the defendant's trade name, so the defendant is obligated to pay the above money to the plaintiff as a result of bearing the nominal name holder's liability under Article 24 of the Commercial Act.

B. Examining the evidence, prior to the recognition of liability under the agreement, and the testimony of the witness C, together with the overall purport of the pleadings, D is the actual operator of the defendant, and D is the actual operator of D.