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1. The Defendant shall pay KRW 31,040,50 to the Plaintiff the annual rate of KRW 15% from July 13, 2016 to the day of full payment.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion entered into an insurance brokerage service agency contract with the Defendant, and performed a dispatch service of KRW 46,390,000 on behalf of the Defendant during the period from August 2012 to March 2015, but received KRW 15,349,500 only, and thus, the Plaintiff should receive the remainder of KRW 31,040,50 and interest for delay.
B. The defendant's assertion did not conclude a dispatch service contract with the plaintiff, and since the defendant's husband C requested the plaintiff to dispatch the service on behalf of the plaintiff, the defendant is not liable to the defendant.
2. Determination
A. We examine the parties who entered into the contract with the Plaintiff.
In cases where an actor who enters into a contract performs a juristic act in another person’s name, as to whom the actor or the title holder is the party to the contract, the intent of the actor and the other party shall be determined as the party to the contract in accordance with the same intent, and where the intent of the actor and the other party is not in accord, the other party shall be determined in accordance with the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract, etc., in a case where there is a reasonable person, either the actor
(See Supreme Court Decision 200Da3897 delivered on May 29, 2001, etc.). The following circumstances acknowledged by comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 3, 5, 6, and 7 (including serial numbers; hereinafter the same shall apply) and the following circumstances, ① the defendant registered his/her own name, made himself/herself use of his/her financial account, so that he/she continued to engage in transactions with the plaintiff. ② The plaintiff failed to receive the cost of vicarious performance of insurance operation service, ② the defendant urged the defendant to send a certificate of content, and the defendant demanded the performance of the content, and the defendant is not liable at that time.