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(영문) 청주지방법원 2015.08.12 2013가합475
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C: 352,449,825 won;

B. Defendant A and B jointly with Defendant C, KRW 92,986,302, out of the said money.

Reasons

1. Basic facts

A. The Plaintiff is a mobile communications business operator, a mobile communications business operator, the KSV Co., Ltd. (hereinafter “foreign company”).

(2) In the event that an abnormal business occurs, such as operating and managing the agent of the non-party company and receiving fees from the non-party company, and submission of a written contract and documentary evidence related to the agency business as a special agreement, the plaintiff is liable to compensate the non-party company for damages arising therefrom. The non-party company is liable to offset the damage claim against the plaintiff's fee claim (hereinafter "the contract of this case").

(2) Defendant C is a person who was engaged in the management of F, etc. from February 28, 2006 to November 30, 201, under the contract with the Plaintiff from December 1, 201 to September 28, 201, and was engaged in the management of F, etc., among the Han River Agency from September 29, 201 to July 31, 2012.

3) On November 19, 2009, Defendant A violated any illegal business or any other prohibition including the theft of name in the course of consignment sale with the Plaintiff, and thereby, Defendant A shall be liable to the Plaintiff for compensation in the event that the Plaintiff incurred indemnity to Nonparty A or a third party (hereinafter “instant special agreement”).

(ii)the sales or operation contract for a mobile phone containing a mobile phone (the operation contract of this case shall be referred to as the “instant sales contract”).

(B) Defendant A entered into a contract, and Defendant A jointly and severally guaranteed the obligations, etc. under the instant special agreement against the Plaintiff on the same day. (b) Defendant A, B, and C’s illegal act 1) Defendant C prepared a false mobile phone opening application by stealing another person’s name from the Ulsan-gu, Nam-gu, Nam-gu, Ulsan B, and B’s off December 1, 2010.

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