불법행위에 의한 손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 4, 2012, Company B (hereinafter “B”) was established with the business purpose of Handphone retail business, etc., and the Defendant was registered as the representative director and the Defendant’s male-friendly C as the auditor respectively in the corporate register.
B. The registration for dissolution was completed on October 10, 2012 in the corporate register B, and the registration for the completion of liquidation was completed on December 26, 2012.
C. C and D were convicted of a charge of fraud, etc. (Seoul Central District Court Decision 2012Da5259, 2012 Highest 6049, 2012 Highest 2012 Highest 6807, 2013 Highest 103 Highest 103) and the judgment became final and conclusive. In the above criminal trial, C and D were deemed to be a person who substantially operates B, while serving as the team leader, and D were to be a person who manages business teams such as customer counseling, employee training, and civil petition treatment.
[Ground for Recognition: Facts without dispute, Gap 1, 4, and Eul 2]
2. Summary of the plaintiff's assertion
A. At the time of incorporation B, the Defendant invested KRW 30,000,000, and deposited KRW 30,000 with the operating fund of June 29, 2012, as well as additionally deposited KRW 30,00,000, etc., in substance, the Defendant is an individual company of Defendant 1.
B. On July 2012, the Plaintiff permitted the Defendant to use the Plaintiff’s code numbers granted by the mobile carrier, such as SK Telecom, etc.
C. From July 2, 2012 to August 6, 2012, customers, who opened in B, filed a civil petition for the SK Telecom on the ground of “the act of demanding payment after opening the 30 to 36 months after giving 24 months the installment payment to the customer, the act of claiming payment after opening the 30 to 36 months, the act of claiming payment, illegal tele-marketing and Internet sales, the act of disregarding the identification procedure, and the act of preparing an application for arbitrarily opening the sK Telecom.” As a result, the Plaintiff was seriously undermining the business.
On August 17, 2012, when a civil petition is filed by the Defendant during the process of attracting customers, the Plaintiff is fully liable by the Defendant.