beta
Text
1. The Defendant’s KRW 32,560,219 as well as the Plaintiff’s annual rate from March 16, 2016 to January 10, 2017, and the following.
Reasons
1. Basic facts
A. The Plaintiff registered a business with the trade name of “C” and operates a mobile phone sales agency with D as her husband.
B. The Defendant, from around 2014 to around 2014, operated a mobile phone sales store in the name of “G” from Daejeon Seosung-gu, Daejeon. The capital and the name of the business entity are the Defendant, and the actual operation of E was operated in a way that the Defendant and E were divided into two parts.
C. From June 26, 2014 to January 7, 2016, E prepared and forged an application for new entry into a mobile phone in the name of another person without authority from G, and submitted it as if the application for entry to a communications company or an agency selling or opening a mobile phone, such as the Plaintiff, was genuinely formed, and it received 72 mobile phones opened from a communications company or an agency selling or opening a mobile phone, such as the Plaintiff, and obtained property benefits equivalent to the cost of the mobile phone and the fee for the use of the telecommunications service.
[Reasons for Recognition] Each entry of Gap's evidence Nos. 4 and 7 (including paper numbers), the purport of the whole pleadings
2. Occurrence of liability for damages;
A. If the parties in a partnership firm have entrusted one of the partners with the task that they should jointly handle and have the other partner handle, the other partner is concurrently in the employer’s position as the partner of the partnership firm.
As such, the employer is liable for damages caused by an accident in the course of performing duties.
(See Supreme Court Decision 2005Da65562 Decided March 10, 2006). B.
The defendant shall operate E and G as a partnership business, and the fact that E has caused E to perform his/her duties, such as joining and opening of his/her mobile phone, and that E has forged an application for joining a mobile phone in the course of his/her duties and submitted it to the plaintiff, and used the mobile phone communications services opened from the plaintiff and received it from the plaintiff.