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(영문) 수원지방법원성남지원 2017.08.30 2016가단222285
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 17, 2015, upon the Defendant’s introduction, the Plaintiff entered into a performance agreement with the Chinese High Court Investment Limited Liability Company (hereinafter “Non-Party Corporation”) on the performance held by the Non-Party Corporation in the name of “C” (hereinafter “instant performance”) on the part of November 18, 2015 and November 19, 2015, including the Plaintiff’s interference with the Plaintiff’s contributor, with respect to the performance held by the Non-Party Corporation in the name of “C” (hereinafter “the instant performance”). The Plaintiff shall perform the instant performance, including the Plaintiff’s interference of the performance; the Non-Party Corporation shall pay the Plaintiff KRW 70,00,000 for the performance fee of KRW 35,000,000, at the same time as the contract was entered into, and at the same time, the remainder of the performance contract was paid by November 3, 2015.

The Non-party Corporation paid 35,000,000 won to the Plaintiff out of the performance fee.

B. On October 13, 2015, the Plaintiff and the Defendant entrusted the Defendant with the overall business of performing the instant performance, and entered into a “D contract” with the content that the Defendant vicariously executes the instant performance (hereinafter “instant contract”).

In the instant contract, the Defendant provided that the Plaintiff shall pay KRW 70,000,000 to the Plaintiff, and the Plaintiff provided that the Plaintiff shall pay KRW 15,00,000 to the Defendant as an agency fee.

C. On October 13, 2015, on the date of the instant contract, the Defendant completed the registration of joint representative director with respect to E and F2 persons on the Defendant’s certificate of corporate registration on October 13, 2015. The instant contract is only the name and seal of E among the Defendant’s representative directors.

The Non-Party Corporation did not hold the instant performance for economic reasons.

[Ground of recognition] without any dispute, Gap's evidence 1, Gap's evidence 13, Eul's evidence 6 to Eul's evidence 8, the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion stated in the instant contract that the Defendant shall pay the Plaintiff KRW 70,000,000 to the Plaintiff, and the Plaintiff was paid KRW 35,000,000 among them through Nonparty Corporation.

Therefore, the defendant is not paid to the plaintiff according to the contract of this case.

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