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(영문) 서울북부지방법원 2017.02.10 2015가단140513
위약금 청구
Text

1. The plaintiff's lawsuits against the defendant B and C are all dismissed.

2. Defendant D’s 10,000 US dollars and this is applicable to the Plaintiff.

Reasons

1. Determination as to the legitimacy of the lawsuit of this case against Defendant B and C

A. As to the Plaintiff’s assertion as stated in the corresponding part of the attached form of claim against the above Defendants, among the grounds of claim in the attached form, the Defendants asserted as to ① the standing to be a party, as well as the Plaintiff’s lawsuit against the above Defendants, which raised a special contract to bring an action against the said Defendants, as there is no interest in protecting the rights, and thus, they claim to the effect that the pertinent lawsuit against the said Defendants is unlawful.

B. On the other hand, (1) The standing to be a party in a performance suit is a person who asserts his/her right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not shall be determined through the deliberation process on the merits (see, e.g., Supreme Court Decision 2003Da44387, Oct. 7, 2005). The first argument by the above Defendants disputing their standing to be a party is not acceptable.

② Next, in this case where the first head of the Korea AU is written on or around December 3, 2012, which contains the content of the agreement that forms the basis for each of the claims against the above Defendants, and where there is no dispute between the parties as to the facts specifically stated, such a phrase is sufficient to regard it as a kind of "non-committee special agreement" in itself, and if there are circumstances, it shall be deemed that there is no benefit in protecting the rights of the said Defendants in the lawsuit against the said Defendants (see, e.g., Supreme Court Decision 92Da21760, May 14, 1993). The second argument by the said Defendants is justified.

2. Plaintiff’s claim against Defendant D

(a) Indication of claims: As stated in the corresponding part against the above defendant among the grounds for claims in the attached Form;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

3. Conclusion.

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