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1. Defendant D’s payment of KRW 70 million to Plaintiff A, KRW 30,000,000 to Plaintiff B, and each of the above amounts from September 30, 2016.
Reasons
Basic Facts
The plaintiffs are plaintiffs B, who are children, and plaintiffs A are students.
Defendant D is the father of the representative director E of Defendant C (hereinafter “Defendant Company”).
Plaintiff
A transferred KRW 70,000,000 to the account of the Defendant Company on February 22, 2016, and Plaintiff B transferred KRW 30,000,000 to the account of the Defendant Company on the same day.
(B) on February 22, 2015, KNF received KRW 30 million from B (B,00,000 KRW A70,000,000) the above amount of KRW 100,000,000,000 from KNF under a business transaction agreement between KNF and B.
Provided, That if the business transaction agreement causes damage to B or the agreed profit does not arise due to the unit price, etc. within one month, the State shall immediately transfer the said gold billion won in its custody to the Agricultural Cooperative Account (F) under the name of A, and even if the business transaction agreement between the State KNF and B is revoked, the said gold billion won in its custody shall be immediately refunded.
On March 19, 2016, 2016, C representative director D, a cash custodian, D, Defendant G, Gangseo-gu, Busan, written a cash storage certificate for KRW 100,000,000 (hereinafter “instant cash storage certificate”) to the Plaintiffs on March 19, 2016, as follows:
(2) On February 22, 2015, the Defendants asserted that each of the above parts of the lawsuits in this case should be dismissed on the ground that they were not parties to the goods transaction with the Defendants, since they were not parties to the transaction with the Defendants, and they did not have standing to sue. Defendant A’s claim against Defendant D is not parties to the goods transaction, and Defendant D is not parties to the goods transaction, and thus, Defendant D’s standing to be dismissed.
However, in a lawsuit for performance, a person who asserts himself/herself as the person entitled to demand performance has standing to sue and is claimed as the person responsible for performance, and actually has standing to be the defendant.