1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance, the part concerning the instant agency contract among the reasons for the judgment of the court of first instance [the remaining part excluding the part concerning the instant agency contract (from 12, 13, 13, 14, 16, 19, 16, 19)] shall be quoted for this judgment.

However, in the following order, part of the cited part is dismissed, and the judgment on the defendant's assertion is added.

2. The part of the judgment of the court of first instance, 15, 8, and 9 of the judgment of the court of first instance, stating that the instant agency contract was concluded between the Plaintiff and the Defendant as the actual party, is reasonable to deem that there was a mutual agreement between the Plaintiff and the Defendant.

【The instant agency contract shall be deemed to have been settled between the Plaintiff and the Defendant, the subject of the receipt of the down payment, where the Plaintiff paid the down payment under the agency contract to the Defendant, and where the Plaintiff acquired the exclusive right as an agent under Article 2 of the instant agency contract after the establishment of the G limited company, G limited company will succeed to the rights and obligations under the instant agency contract from the Plaintiff, and where the contract is terminated without the establishment of G limited company or without the exclusive right as an agent under Article 2 of the instant agency contract, the relevant rights and obligations shall be deemed to have been settled between the Plaintiff and the Defendant (where the G limited company is not established, the subject of the receipt of the down payment).

2) As seen earlier, the e-mail address of the Plaintiff’s representative director is “O” in the e-mail exchanged between the Plaintiff’s representative director and the Defendant’s representative director (see, e-mail exchanged by the Plaintiff’s representative director and the Defendant’s representative director).