손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is charged with KRW 43,790,436.
1. Facts recognized;
A. (1) The Defendant is a corporation established on December 9, 201, which is engaged in the customer attraction business, sales solicitation business, etc. entrusted by SK Telecom Co., Ltd. (in the case of a corporation for convenience from January 201, 201, hereinafter “stock company”) from around January 201.
(2) On February 1, 2012, the Plaintiff was employed as the Defendant’s employee, and was in charge of sales of mobile communications terminal devices (hereinafter “the mobile devices”) at the Defendant’s Gangnam-gu headquarters located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and attracting mobile communications subscribers.
In addition, from September 2013 to July 2014, the Plaintiff worked for the Defendant’s F2 points (from the following to the “F2 points”) located in G apartment 107, Dongjak-gu Seoul Metropolitan Government 1st floor.
B. (1) The Defendant concluded a lease agreement with respect to the whole first floor (79.2m2m2) of a building located in Y and Gwanak-gu in Seoul Special Metropolitan City, on July 19, 2012, in order to establish the SK Telecom E (hereinafter “F1m2”) with respect to the store operation (hereinafter “instant F1m2”) with a lease deposit amount of KRW 100,000,000, monthly rent of KRW 350,000, monthly rent of KRW 300,000, and the lease period of two years.
In addition, the defendant paid 62,800,000 won as premium to the Z which is the former lessee at that time.
(2) From August 2012, the Defendant directly operated the instant F1 points, and entrusted it to the Plaintiff. On August 1, 2014, the Defendant entered into a contract with the Plaintiff with the following terms (hereinafter “instant consignment contract”).
The duties entrusted by the Defendant to the Plaintiff are as a whole with the duties entrusted by the Defendant from the SK Telecom.
(Article 1(2). The term of validity of the instant consignment contract is from August 1, 2014 to August 31, 2016, and is automatically extended one year in the absence of a separate declaration of intent, such as termination of the contract, modification of the terms and conditions, etc. by one month before the expiration of the term.
(Article II, Paragraph 1).