약정금
1. Defendant B’s appeal is dismissed.
2. After filing an appeal, the costs of the lawsuit are assessed against Defendant B.
1. The reasons for the judgment on this part of the facts admitted are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the
2. Determination as to the claim against Defendant B
A. According to the above findings of the determination as to the cause of the claim, the defendant company is obligated to pay the remainder of KRW 156 million, excluding the remainder of KRW 60 million, excluding the amount of KRW 60 million paid by the plaintiff among the agreed amount of KRW 216 million under the contract in this case, unless there are special circumstances.
B. 1) Determination as to the defense, etc. of this case 1) The Defendant Company asserts that Defendant C is a party to the contract of this case, not the Defendant Company, but the representative director of the Defendant Company, and thus, the Plaintiff’s claim against the Defendant Company is groundless. The party to the contract constitutes an interpretation of the intent of the party involved in the contract. The party to the contract is the party involved in the contract. In a case where the actor, who is a party to the contract, performs a legal act in another’s name, is deemed the party to the contract, the actor or the title holder should be determined as the party to the contract in accordance with the consent of the actor and the other party, and where the other party does not coincide with the intent of the actor and the other party, the party shall be determined by how the other party would understand the person and the title holder as the party to the contract, based on the specific circumstances before and after the conclusion of the contract (see, e.g., Supreme Court Decision 2013Da11959, 11966, Jun. 27, 201).