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(영문) 서울서부지방법원 2015.02.06 2013가단238764

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the statements in Gap evidence 1, Eul evidence 1, Eul evidence 3-1, Eul evidence 1-2, Eul evidence 1-2-1, Eul evidence 2-2, Eul evidence 2-1, and Eul evidence 2-2, it can be acknowledged that the co-defendant B (the compulsory mediation confirmation of April 23, 2014, B) of this case was a person working as the defendant's director C, Eul purchased lapt North Korea for personal purposes on June 5, 2013, although the officer in charge of the defendant company purchased lapt for the purpose of using lapt North Korea for futures to the plaintiff on June 5, 2013, it means that the officer in charge of the defendant company was supplied with 3-3,259,000 won from the plaintiff, and Eul did not pay the price of the above goods.

2. According to the above facts of recognition, the purchase of the Nowon-gu computer by the defendant, who was the office leader of the defendant, belongs to the scope of the defendant's business execution, considering the appearance of the defendant's act of purchasing the Nowon-gu computer, and the purchase of the Nowon-gu in the name of the defendant and the payment to the plaintiff is deemed to constitute a tort.

Therefore, unless there are other special circumstances, the defendant is liable for damages equivalent to the price of supplied goods in Nowon-do suffered by the plaintiff as the user in B.

Accordingly, the defendant argues that the plaintiff's claim is groundless since the plaintiff knew or was unaware of the fact that the purchase of Nowon-do did not constitute the defendant's act of performing the defendant's business affairs.

In full view of Gap evidence 2, Gap evidence 3 and 4-1, Eul evidence 7-2, Eul evidence 1-2, Eul evidence 2-1 and Eul evidence 2-2, Eul requested the plaintiff to issue a tax invoice under the name of Eul operated by himself while ordering Nowon-gu to the plaintiff under Eul's trade name, and Eul paid in cash to the plaintiff, while the reasons for the need for Nowon-gu is that the officer in charge is needed for personal use for external gift, and the defendant is not superior to the defendant.