손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Basic facts
A. From March 21, 2011 to September 27, 2011, KRW 827,705,00 was automatically transferred from the national bank account under the Plaintiff’s name to the Defendant.
B. The Plaintiff filed a lawsuit against the Defendant seeking reimbursement of KRW 827,705 and KRW 10,000,000, which were unfairly withdrawn from the Plaintiff’s account from March 201 to September 2011, by asserting that, although the Plaintiff did not enter into a contract with the Defendant on opening of the mobile phone or used the mobile phone, the Plaintiff did not use the mobile phone, due to the Defendant’s negligence, the Plaintiff, who neglected to perform the procedure for identification, entered into the said contract by stealing the name of the Plaintiff.
C. On October 4, 2013, the above court rendered a judgment against the Plaintiff on the ground that “The Plaintiff shall, as alleged by the Plaintiff, delegate the Plaintiff’s wrongful use of the name of the Plaintiff to the persons without the name, for all acts necessary for the establishment of the company, and among them, the Plaintiff shall be deemed to include the business of opening the instant mobile phone. Even if the Plaintiff’s business delegated to the Plaintiff does not include the business of opening the instant mobile phone, it cannot be said that the Defendant was negligent in believing that the said persons without the name had the right to represent the Defendant, and thus, the Plaintiff shall be held liable for the expression agent in the Plaintiff.”
Although the Plaintiff appealed against this and filed an appeal with the Daegu District Court 2013Na18675, the above court granted the Plaintiff’s right of representation to engage in all legal acts related to the establishment of the company by putting the nameless winners, such as a copy of identification card necessary for the establishment of the company in the name of the Plaintiff, a copy of passbook, a certificate of personal seal impression, and a certificate of personal seal impression, among them, can be deemed to include the act of entering into the contract of this case.