beta
(영문) 수원지방법원안산지원 2017.07.18 2015가단115879

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1, No. 2, and No. 3.

Around July 2014, the Plaintiff, who is engaged in the cosmetic sales business, became aware of C through the Internet cosmetic volume sales advertisement, and transferred the cosmetic price to the Defendant’s bank account, as in the column of the amount deposited in the attached sheet of remittance, to purchase the cosmetic from C from around that time to around 2015.

B. However, C received cosmetics from the Plaintiff but did not supply the cosmetics properly. The difference between the amount deposited by the Plaintiff and the amount supplied by the cosmetics reaches KRW 53,865,100 in total as stated in the separate sheet of remittance.

2. The plaintiff's assertion and judgment as to the plaintiff

A. The gist of the plaintiff's assertion 1) The defendant responsible for the nominal lender's liability under the Commercial Act lent a passbook to Chokin C to use it in the transaction of cosmetics with the plaintiff. Accordingly, since the plaintiff misleads the business owner as the defendant, the defendant is liable for damages suffered by the plaintiff due to the transaction between the plaintiff and C. Therefore, the defendant is liable to compensate the plaintiff for damages that the plaintiff was not provided with the cosmetics, even if the plaintiff remitted the cosmetics to C with the payment for the cosmetics, and the defendant is liable for damages for delay. 2) The defendant is liable for tort liability under the Civil Act on the ground that "it is difficult to receive the payment when selling the goods to a non-business owner." The defendant lent the bank account under the name of the defendant to C to make it possible or easy for business operations with the non-business owner, and the defendant committed a tort by deceiving the amount equivalent to the cosmetics price from the plaintiff by using it.

참조조문