정산미수금 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The grounds for this Court’s acceptance of the judgment of the court of first instance are as follows, given that the grounds for this case are identical to the grounds for the judgment of the court of first instance, except for the following dismissals or additions, they refer to them as they are.
The 5th 6th 6th 6th 6th 6th 10th 10th 6th 6th 6th 6th 10th 10th 6th 6th 6th 100.
In cases where an actor who enters into a contract performs a juristic act in another person’s name, as to whom the actor or the title holder is the party to the contract, the intent of the actor and the other party shall be determined as the party to the contract in accordance with the same intent, and where the intent of the actor and the other party is not in accord, the other party shall be determined in accordance with the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and details of the contract, if a reasonable person is in accord with the intent of the actor
(See Supreme Court Decision 2007Da31990 Decided September 6, 2007, etc.). In particular, E, the Defendant, even before entering into the instant franchise agreement, was operating the instant franchise store under the name of another person (G) even after entering into the instant franchise agreement in the name of the Defendant, and was in fact operating the instant franchise store under the name of another person (G), and the Plaintiff’s employees, at any time, frequently contacted with the employee in charge of the Plaintiff, visited the 1-2 member store at any time (the testimony of the witness F of the first instance trial). The actual performance of all business related to the instant franchise. The Defendant appears to have never interfered with the actual operation of the instant franchise store or had no contact with the employee in charge of the Plaintiff, while the employee visit the Plaintiff frequently.