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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 37,142,00 and 15% per annum from July 9, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff borrowed the name of Defendant B Co., Ltd. (the representative is Defendant C; hereinafter referred to as “Defendant Corporation”), and received orders for the basic design service of D Construction Corporation from the beneficiary of the LAC Co., Ltd. (hereinafter referred to as “beneficiary”) to the supply price of KRW 18.48 million, the service performance period from April 8, 2013 to August 2013 (hereinafter referred to as “instant service contract”), and received orders (hereinafter referred to as “instant service contract”), and received all services, and received KRW 18.48 million from the beneficiary as the head of the Tong Corporation, the Plaintiff borrowed the Plaintiff’s name.
B. However, even though the Defendant corporation agreed to deliver KRW 97,632,00,00, excluding 10% of the commission, to the Plaintiff, the actual contractor of the instant service agreement, when the beneficiary receives the service payment from UNC while lending the name to the Plaintiff, it did not deliver only KRW 6,0490,00 to the Plaintiff and did not deliver the remainder KRW 37,142,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the claim against the defendant corporation, the defendant corporation is obligated to pay 37,142,000 won for the delivery of the agreed amount payable to the plaintiff and damages for delay calculated at the rate of 15% per annum from July 9, 2016 to the day of full payment, which is the day following the delivery of the copy of the complaint in this case.
B. (1) In the first place, the party who agreed to deliver the service price that the beneficiary received from the UNC through the head of the Tong, the defendant corporation, to the plaintiff, is not the defendant corporation, but the party asserting that the beneficiary is the defendant C, and sought payment of the agreed delivery amount of KRW 37,142,00,00 and the delay damages therefor, but the party who agreed to name the plaintiff and deliver the remainder of the service price that the beneficiary received from the UNC, excluding the service fee, is the defendant corporation.