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(영문) 인천지방법원 2018.06.22 2017나60331
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. On November 22, 2014, the Plaintiff asserted that: (a) on behalf of the Plaintiff, C entered into a sales agency contract with the Defendant on behalf of the Plaintiff for the creation of the D Electric Complex in Chungcheongnam-gun (hereinafter “instant sales agency contract”); (b) according to the said contract, the Plaintiff entered into a sales contract with E on behalf of the Defendant for the sale of electric power resource housing; and (c) the Defendant received the down payment after entering into the sales contract with E on behalf of the Defendant; and (d) concluded the sales contract with F, G, and received both the down payment, intermediate payment, and remainder; (b) as stipulated in the instant sales agency contract, the Defendant is obligated to pay the Plaintiff the total amount of KRW 80,500,000, the purchase price of KRW 500,000, the total amount of KRW 100,000,000, and delay damages therefrom.

B. The defendant's assertion only was prepared in the form of a parcelling-out contract with C, which includes the plaintiff's trade name, during negotiations with C regarding parcelling-out agency, and there was no actual fact that the defendant entered into a parcelling-out agency contract with the plaintiff without knowing the plaintiff.

2. Determination

A. Generally, who is a party to a contract constitutes a matter of interpretation of the intent of the party involved in the contract.

The interpretation of a declaration of intent is to clearly determine the objective meaning that the parties have given to the act of indicating, and where the contents of a contract are written in writing as a disposal document between the parties, the objective meaning that the parties have given to the act of expressing intent shall be reasonably interpreted according to the contents of the document, regardless of the internal intent of the parties, even though it is not attached to the phrase used in the document. In this case, if the objective meaning of the text is clear, the existence and contents of the declaration of intention shall be acknowledged as

(See Supreme Court Decision 2009Da92487 Decided May 13, 2010). Moreover, an actor who concludes a contract is another person.

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