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(영문) 광주지방법원 2018.08.17 2018나50139
반환금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, or the reasoning of the judgment of the court of first instance excluding the part pertaining to additional determination of the conjunctive cause added by the plaintiff in this court, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act citing it as it is.

2. The parts of the court of first instance, which have been dismissed, shall be subject to the following modifications from Nos. 4 to No. 12 to 5.

[2] On the premise that the Defendant Company is a party to the instant contract, the Plaintiff asserts that the Defendant Company ought to jointly and severally perform the obligation to pay the settlement amount related to the instant contract, as the guarantor of the instant contract.

However, as seen earlier, insofar as the contract of this case cannot be deemed to have been concluded between the Plaintiff and the Defendant Company, this part of the Plaintiff’s assertion seeking the Defendant C’s liability to guarantee that the principal obligor was the Defendant Company is without merit.

In the judgment of the first instance, the "agent of the plaintiff" in the 15th and 17th in the judgment of the first instance shall be deemed to be the "agent of the defendant company".

3. Additional determination

A. The Plaintiff’s assertion, even if the parties to the instant contract are not the Defendant Company and the non-party Company D (hereinafter “non-party Company”), Defendant C shall perform the obligation to pay the settlement amount to be borne by the non-party Company under the instant contract concluded between the Plaintiff and the non-party Company.

B. As to who is a party to a contract where a person who enters into a judgment contract did a legal act in the name of another person, the intent of the actor and the other party shall be determined as the party to the contract in accordance with the same intent. If the actor and the other party fail to agree with each other, the nature, content, purpose, and conclusion of the contract shall be determined.

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