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1. The Plaintiff:
A. Defendant A’s KRW 49,671,245 and interest rate of KRW 15% per annum from September 2, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. Defendant A is a person who borrowed a certified judicial scrivener registration certificate from Defendant B to handle the affairs of a certified judicial scrivener in the name of Defendant B at the office of a certified judicial scrivener located in the fiveth floor of the building in Nam-gu Incheon Metropolitan City, and Defendant B is a person who received a certain monthly amount of money, and lent Defendant A a certified
B. The Plaintiff entered into a lease contract with a company located in the D Complex, and delegated the affairs of filing a lawsuit and filing an application to a certified judicial scrivener B office.
C. From March 2015 to May 2015, Defendant A deposited KRW 49,671,245 (total of the expenses borne by the Plaintiff himself/herself to 35,695,765, 13,975,480) from the Plaintiff to the account in the name of the Defendant B that he/she managed, and instead voluntarily consumed the amount of office expenses, living expenses, etc. around that time.
(hereinafter “instant tort”). D.
A relocated company transferred its claim of KRW 13,975,480 against the Defendants to the Plaintiff. The notice of assignment of claims reached the Defendants from April 2016 to May 2016.
[Reasons for Recognition] Defendant A: The fact that there is no dispute between Defendant B and Defendant B under Article 208(3)3 of the Civil Procedure Act (by service by public notice), each entry in the evidence Nos. 1 through 8, and the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff damages incurred by the tort in this case by 49,671,245 won and damages incurred by delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from September 2, 2017 to the date of full payment, as the Plaintiff seeks.
3. Determination as to the claim against the defendant B
A. According to the above fact of recognition of employer liability, Defendant B as Defendant A’s employer.