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(영문) 서울동부지방법원 2018.01.26 2016가단115877

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B shall pay KRW 118,065,611 as well as 15% per annum from June 23, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The status of the party concerned is that the Plaintiff is a company that operates used cars sales business, Defendant C is a person who worked as a branch office of the Plaintiff’s stores located in Jung-gu Seoul Metropolitan Government, and Defendant B entered into a mid-term and high-speed sales service contract with the Plaintiff on the middle-class sales business of the said stores.

On the other hand, Nonparty E is an employer of Defendant B, who operates a used vehicle selling company in the F Complex located in Seongdong-gu Seoul Metropolitan Government (3rd floor of the building), and Nonparty G is a person who actually operates H of a used vehicle selling company in the same complex (8th floor of the building) and is a person who actually operates H of the used vehicle selling company in the same complex

B. On November 14, 2013, the Plaintiff and the Defendants indicated in each of the instant contract terms and conditions attached thereto between the Plaintiff and the Defendant B

1. The term “CP” refers to a service provider who purchases or sells a heavy vehicle according to the same contract with the same content as the mentioned in the contract (hereinafter “instant service contract”). The CP takes charge of all the overall process, such as the selection of a purchasing vehicle, the determination of the purchase price of a vehicle, the determination of the commercialization process (such as height or external repair), the determination of the selling price, and the other party’s determination.

A. The main content is to provide the Plaintiff with vehicle purchase costs and commercialization costs, to purchase a heavy vehicle in the Plaintiff’s name with the Plaintiff’s funds, to further purchase it in the Plaintiff’s name, or to resell it in the Plaintiff’s name through commercialization process, and to settle the profits and losses with the Plaintiff.

On the other hand, the instant service contract was concluded by Defendant B upon E’s request, and it was not possible for E to conclude the contract in its name due to E’s operation of a medium-sized seller.

Therefore, inside the part of Defendant B and E, the subject of the responsibility and interest of the service under the instant service contract is E.

(2) Defendant C entered into an employment contract with the Plaintiff on May 1, 2012 (hereinafter “instant employment contract”) and thereafter.