beta
(영문) 대구지방법원 2017.11.07 2016가단115286

구상금

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. The parties' assertion

A. On April 29, 201, the Plaintiff is a company with the purpose of wholesale and retail business, etc. of telecommunications equipment, the location of which is the FF and the third floor of Daegu-gu from around April 29, 201, and the Defendants were engaged in the business of re-entrustment of telecommunications equipment from around May 2014, but Defendant D was registered as “G” with the trade name of “G,” while the remainder of the Defendants did not have registered its business.

From April 2014 to February 2015, the Plaintiff entrusted the Defendants with the attraction of mobile communications service subscribers and the sale of terminal devices and related goods with respect to communications equipment, etc. purchased by the Plaintiff from H from April 2014 to February 2015. The Defendants concluded a consignment contract under which the Plaintiff would receive consignment commission fees from the Plaintiff (hereinafter “instant consignment contract”).

In accordance with the instant consignment contract, the Plaintiff paid the consignment commission directly to the re-entrusted sales store that the Defendants entrusted in accordance with the consignment contract, and paid the Defendants the consignment commission by transferring 30,000 won per case to the Defendant D’s business account.

However, among the re-entrustment distributors of the Defendants, I (K) and L (N, actual representativeO, and L, in the name of the Daegu-gu M) committed an illegal act, such as opening a communications device by stealing another person’s name.

The Plaintiff, without knowing such fraudulent use in the name of the Plaintiff, believed only the horses of the Defendants and approved the opening of the communications device.

Accordingly, from April 1, 2014 to February 1, 2015, the Plaintiff demanded compensation, such as the cost of illegal use in the name of communications company H from April 1, 2014 to February 2, 2015, and paid KRW 58,870,460 as damages.

In addition, it is also possible to do so.