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(영문) 서울북부지방법원 2018.04.20 2017가단122649
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 13, 2010, the Plaintiff entered a company with the representative director C (hereinafter “non-party company”) and took charge of the preparation of CAD drawings, design, and national funeral service.

On June 27, 2014, the Plaintiff requested E, who runs a service business, such as design, editing, and printing, with the trade name “D”, to make an estimate of the production of a car sloping for publicity purposes of the non-party company.

B. On December 1, 2014, E sent the final work file to F, who is the Defendant’s father and the vice head of the non-party company, to F, who works as the Defendant’s father and the vice head of the non-party company.

On May 26, 2015, E filed a lawsuit against the non-party company (the District Court Decision 2015 tea 104, 2015Gada 12639) on the ground that, under the defendant's explicit or implied approval of the representative director of the non-party company, the plaintiff requested the production of the Kabrog, entered into the production contract between E and the non-party company, or the plaintiff constitutes a commercial employee with a partial comprehensive power of attorney of the non-party company, and provided E with a complete copy of the Kabrogs, E would have to be paid KRW 4,290,00 for the Kabrogs design cost.

C. In the above case, the non-party company argued to the effect that the plaintiff and E did not consent to the conclusion of the manufacture contract, and that the plaintiff does not constitute a commercial employee with a partial comprehensive power of attorney under Article 15 of the Commercial Act.

On April 28, 2016, the Plaintiff testified to the effect that “The Plaintiff was present as a witness on the hearing date of the instant case held on April 28, 2016, and took an oath, and “the Plaintiff concluded the manufacturing contract with E and Kathal, and reported it to senior employees.”

On May 12, 2016, the above court concluded a Kabro on behalf of the non-party company a contract for the manufacture of Kabro on behalf of the non-party company.

The contract is entered into with or with the consent of the defendant in favor of all E.

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