A. The Plaintiff is an individual entrepreneur who runs a wholesale and retail business of computers and peripheral devices under the trade name of “C” and the Defendant is a company that runs a comprehensive plan for facilities in the technology service business, construction and various industrial sectors, construction technology service business, construction construction business, etc.

B. D performed duties, from May 26, 2016 to October 15, 2016, such as confirming materials stored at the said site while serving as material owners in the construction industry headquarters of the Defendant Company as a member of the industrial construction team of the building industry headquarters of the Defendant Company, and as a member of the E site.

C. Meanwhile, on July 26, 2016, D prepared an order form with a total of KRW 18,700,000,000 for LG lapt GX70K 10 on September 26, 2016, equivalent to KRW 19,250,000 in total, and KRW 10,00 in LG lapt North Korea GX70K on September 26, 2016, and sent it to the Plaintiff, respectively (hereinafter “each order form”).

The Plaintiff supplied 58,190,000 won (i.e., KRW 18,700,000,000, KRW 19,250,000, KRW 20,000, KRW 20,000) to the place of D’s order, by means of supplying Nowon-North Korea at the parking lot front of the E-factory, upon D’s request.

E. The Plaintiff filed a complaint against D with intent to commit fraud, etc.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 9, 12, Eul's 2 (including Serial number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties' assertion

A. If D, a material owner in the Defendant’s factory, had obtained the right of representation from the Defendant, deceiving the Plaintiff as if he had obtained the right of representation from the Defendant, it constitutes a tort in which D unlawfully inflicted damage on the Plaintiff in connection with the Defendant’s execution of business.

The Defendant, as a user of D, compensates 58,190,000 won for the damages incurred by the Plaintiff due to the said tort, that is, the price that the Plaintiff supplied and received after the delivery of the instant North Korea according to D’s false orders.