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(영문) 광주지방법원목포지원 2019.06.12 2018가단53758

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. The Plaintiff A’s assertion that the employee of the Defendant Company sold the Defendant Company’s products.

E, although the actual customer did not have sold water purifiers, etc. to the actual customer, the date of issuance of the customer's affiliation card with respect to the payment of the price of the water purifiers, etc. sold to the Plaintiff A by the time of issuance of the customer's affiliation card, and the customer's affiliation card would be cancelled immediately after the payment is issued by the Plaintiff A.

Accordingly, the plaintiff A had E settle the total of 31,457,00 won by using his card.

The plaintiff A suffered a loss equivalent to the above amount due to the above Eul's tort, and the defendant A is liable for the damages suffered by the plaintiff A as the employer of the defendant E.

B. Plaintiff B’s assertion that, if the Plaintiff B had the Plaintiff enter into a siren agreement on the two occasions of air subscription in its name, the rental fee under the said agreement would be paid by himself.

Accordingly, on March 19, 2018, Plaintiff B consented to the conclusion of the said siren contract, and Party B entered into a siren contract with Defendant Company on two air condition with Defendant Company in the name of Plaintiff B, thereby allowing Defendant B to transfer the siren automatically from the account under Plaintiff B’s name.

Since then, although the sum of KRW 123,700 on April 37, 2018, and KRW 123,700 on May 85, 2018 was automatically transferred from the account in the Plaintiff’s name, E did not pay it to the Plaintiff B.

As such, Plaintiff B suffered damages equivalent to the above amount due to the tort as seen above, Defendant E is liable to compensate for damages suffered by Plaintiff B as an employer.

C. The plaintiff C's assertion that the plaintiff C would pay back to the plaintiff C in lieu of the E-agreement purchase price that he purchases.

Accordingly, the plaintiff C agreed to pay the E-mail with the credit card in its name, and 29,400 won was paid in installments.