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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff asserted that the plaintiff is a person engaged in food wholesale business in the Daejeon Seo-gu Daejeon District C market, and the defendant supplied food materials to the defendant from March 20, 2012 to October 2, 2014, and the defendant transferred the money to the plaintiff's account each month. However, the plaintiff asserts that the outstanding amount accumulated and the remaining amount reached KRW 30,335,860, and then the defendant claimed payment of the remaining amount and damages for delay.
The defendant asserts that the defendant is only an internal director of D Co., Ltd. and is not the plaintiff's contracting party.
Judgment
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 circumstance of the contract, etc., in a case where there is a reasonable person, either the actor
(See Supreme Court Decisions 94Da4912 delivered on September 29, 1995, 2000Da3897 delivered on May 29, 2001, etc.). In light of the following circumstances, the argument and evidence submitted by the Plaintiff alone are insufficient to recognize that the Defendant, not a stock company D, is a party to the above transaction, and there is no other evidence to support this.
Therefore, the claim of this case does not need to be examined further.
① The Defendant is registered as a company director of D for the purpose of “school organization meal service business”, etc.
On the other hand, the defendant is not registered as a business.
② Units of food materials that the Defendant purchased from the Plaintiff are simple.