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.