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
The judgment of the court of first instance.
1. Basic facts: (a) the Plaintiff, either directly or by another person, leased “D” located in the Nam-gu Incheon Metropolitan City C and the 1st underground floor in the name of the Plaintiff, starting a business after obtaining a business license in the name of B around 2008; and (b) on August 2012, the Plaintiff changed the name of the Plaintiff’s business license in
[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. Determination on the cause of the claim
A. The plaintiff asserts that "the plaintiff or B did not have concluded a crime prevention service contract against the above bank, and the tenant of the household sales service was entered into a contract by stealing B's name without permission. At the time of the crime prevention service contract, Eul, who was an employee of the defendant, concluded the contract without properly verifying the tenant's personal information, and E has intention or negligence on the conclusion of the contract in the name of B. Accordingly, the plaintiff unfairly paid the defendant the fee of KRW 3,314,890 from May 201 to November 6, 2014, thereby causing damage equivalent to the same amount, and thus, the defendant, the employer of E, is obligated to compensate the plaintiff."
In light of the testimony of Gap's evidence No. 33, and witness F of the trial court, the "Contract for Use of Name (Evidence No. 16)" in B of May 14, 201 is required at the time of the time.
It is recognized that the document was prepared by F by the tenant of the room business.
However, the following circumstances, which can be seen through the descriptions of evidence Nos. 27 and 33, E’s witness F, E’s testimony, and the overall purport of the pleadings, i.e., the first applicant for the Defendant’s crime prevention service, are required for the Plaintiff.
G was G who leased a room business, but G initially applied for a crime prevention service with the consent of the Plaintiff when being investigated by the investigative agency in this case, and subsequently, tried to transfer the room at the same time while moving the room, but did not transfer the room at the time of the Plaintiff’s end, and ② the following lessee is F.