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1.The judgment of the first instance shall be modified as follows:
The Defendants are jointly and severally liable to the Plaintiff for 140,000,000 won.
Reasons
1. As to this part of the basic facts, the corresponding part of the grounds for the judgment of the first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure
However, the first instance court’s judgment ① 3 pages 12, “Mandatary: Law Firm A: Defendant B; ② Defendant I’s “Defendant B” in the fourth 8th 4th 4th 3th 4th 4th 4th 3th 4th 4th 4th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 60
2. The parties' assertion
A. The Plaintiff asserts to the effect that: (a) in the case of Defendant B, the Plaintiff directly negotiated the instant agreement with the Plaintiff; (b) furthermore, the Plaintiff’s agent was the party to the instant agreement; (c) Defendant C is the party to the instant agreement; and (b) Defendant B was the party to the instant agreement, and as such, Defendant B was released, the Defendants are jointly and severally liable to pay to the Plaintiff the Plaintiff the remainder of KRW 190 million after deducting the contingent fee of KRW 20 million (including value-added tax) already received from the contingent fee of KRW 30 million pursuant to Article 3 of the instant agreement.
B. Defendants (1) asserted that they are not parties to the instant agreement since they did not have entered into the instant agreement, and (2) Defendant C, on August 4, 2014, prior to the conclusion of the instant agreement, entered into the instant agreement with Defendant B on the commission fees, success fees, etc. with Defendant B, and subsequently entered into the instant agreement with Defendant B’s instructions. Thus, even if Defendant B signed and sealed the instant agreement, it is deemed as Defendant B’s agent, and they are not parties to the instant agreement.
3. Determination
A. As to whether Defendant B is a party to the instant agreement, the aforementioned facts and all the evidence and arguments mentioned above are examined.