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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff and D’s establishment 1) The Plaintiff is a “C hotel” in Yongsan-gu Seoul Metropolitan Government P (hereinafter “Nonindicted P”) from around 1996 to O.
(2) On May 9, 2012, the Plaintiff and D established the Defendant Company (hereinafter “Stock Company B” and changed to the current trade name on July 16, 2015) on the first day, although the Plaintiff was appointed as the representative director, the representative director was replaced on October 2, 2012.
3) The Plaintiff and D did not expand their businesses except for the supply of foreign performers to the non-party hotel in which the Plaintiff had already been on the part of the Plaintiff. Accordingly, the Plaintiff was included in the non-party hotel and foreign performer (part of them) in the name of the Defendant.
(2) The Plaintiff entered into a supply contract and supplied performers to Nonparty hotel, but in substance, the Plaintiff was responsible for all businesses due to the lack of funds or human resources, and the Plaintiff was also responsible for the business from Nonparty hotel from time to time to time, and it was difficult to appropriate funds for the Plaintiff to receive the payment (for service fees). (B) The Defendant entered into a contract with a foreign performer or a domestic performer (for both a foreign performer and a domestic performer, only hereinafter “foreign performer, etc.”) to supply the said foreign performer, etc. for the same period as the following:
According to the contract term of the performanceer E Group on March 10, 2013 through October 31, 2013, the contract term of the performanceer E Gro Group: US$ 9,500 (including US$ 1,650) monthly from May 1, 2013 to October 31, 2013; and Froup on March 5, 2013 to September 14, 2013 from April 8, 2013 to September 14, 2013.