(영문) 대전지방법원서산지원 2019.10.31 2018가합50729

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(영문) 대전지방법원서산지원 2019.10.31 2018가합50729

계약해지무효확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On April 28, 2017, the Plaintiff’s summary of the Plaintiff’s assertion entered into a contract between the Defendant Company and the Defendant Company engaging in cargo transport business, etc. to entrust the Plaintiff with the business of transporting and supplying automobile parts, etc. at a place designated by the Defendant (hereinafter “instant contract”) and carried out the Plaintiff’s vehicle in good faith after placing the Defendant’s vehicle into the Defendant Company. Around February 28, 2018, the Plaintiff was notified by the Defendant Company that the instant contract cannot be acknowledged without any justifiable reason.

As such, the Defendant Company’s assertion that the instant contract is null and void and did not perform its contractual obligations, thereby causing monetary damage to the Plaintiff, and the Defendant Company is obligated to pay KRW 30 million to the Plaintiff as damages.

B. The summary of the defendant company's assertion is that C, which entered into an entrustment contract for transport and delivery with the defendant company, has no effect upon the plaintiff's request and without the approval of the defendant company.

2. Where a contract is concluded by using another person’s name at will, the identity of the person who is a party to the contract should be determined first. In a case where the intent of the actor and the other party to the contract coincide, the act of the actor or the nominal owner should be determined as the act of the actor or the nominal owner according to the consistent intent. However, where it is impossible to determine the consistent intent, the other party should be determined by determining who is the actor and the nominal owner among the parties to the contract in accordance with the nature of the contract, contents, purpose, circumstances of the contract, and specific circumstances before and after the conclusion of the contract, if the other party

This is the other person.

유사 판례

-광주지방법원해남지원 2015.07.02 2014가단1086

-대법원 1996. 7. 30. 선고 95다1019 판결

-제주지방법원 2016.10.26 2015나5897

-대법원 1995. 10. 13. 선고 94다55385 판결

-서울동부지방법원 2015.08.21 2015가단102263