1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 31,007,990 and its relation thereto shall be from June 13, 2013 to the Plaintiff.

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) was established on April 4, 2012 as a wholesale and retail business for Handphones.

Although the defendant was registered as the representative director B, he did not participate in all the management of the company, and the defendant's male-friendly job offering C actually managed the company.

B. Around July 2012, the Plaintiff permitted B to use the Plaintiff’s code number granted by the mobile carrier, such as SK Telecom, and B used the Plaintiff’s code number and operated a mobile phone sales opening business.

C. However, customers who opened the mobile phone in B filed a civil petition for the SK Telecom on the ground of “the act of opening the payment to the customer for 24 months after guiding him/her as 24 months or 36 months, the act of claiming the payment after opening the mobile phone, illegal tele marketing and Internet sales, disregarding the identification procedure, and arbitrarily preparing an application for opening the mobile phone”.

SK Telecom demanded the Plaintiff to compensate for damages arising from the filing of the above civil petition, and on August 17, 2012, the Plaintiff prepared and issued to the Plaintiff a written confirmation that “B shall be responsible for both cases where a civil petition is filed during the process of attracting customers.”

E. B did not compensate for damages arising from the filing of a civil petition after the completion of the above written confirmation, and on March 12, 2013, the Plaintiff was notified from the SK Telecom that “in the event that it does not deposit KRW 31,007,990 due to the nominal use of the name, it would withdraw the transaction suspension and legal measures,” and paid KRW 4,849,260 on April 30, 2013 according to the installment payment agreement with the SK Telecom, and paid KRW 5,00,000 per month.

[Reasons for Recognition] Each entry of Gap evidence 1 through 19 (including each number), the purport of the whole pleadings

2. Determination:

(a) The representative director shall represent the company externally;