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(영문) 울산지방법원 2016.07.07 2013가합6236

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 18,143,029 as well as 5% per annum from April 24, 2015 to July 7, 2016.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is the sales agency of the ELS Co., Ltd. (hereinafter “ELS”) and the Defendant B is the representative of the C Co., Ltd. (hereinafter “C”) engaged in the business of opening a new mobile phone or selling a mobile phone terminal, etc., and the Defendant A operates D, a subordinate agency of C.

B. Defendant B’s criminal act 1) On January 1, 2012, the Plaintiff and C opened the Plaintiff’s mobile phone sales service with the commission of the Plaintiff’s mobile phone sales service and entered into a contract for attracting subscribers of mobile communications service and attracting mobile phone users to sell a device and receive fees from the Plaintiff. 2) The Defendants jointly with E and F and opened the mobile phone with the Plaintiff’s personal seal impression and opened the mobile phone registration certificate under the name of the Plaintiff’s personal seal impression by being provided to 174 persons, including G with low credit rating from May 2012 to September 2012 due to low credit rating.

(hereinafter “Fraud crime”). Accordingly, the Plaintiff suffered losses from re-payment of subsidies, etc. to the victims.

3. Defendant B received loans from 111 persons, including H, from May 2012 to September 2012, Defendant B, as if he opened a mobile phone with a view to raising the credit rating, and opened a mobile phone with the intention of raising the credit rating, and then arbitrarily received a mobile phone terminal from the Plaintiff.