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1. The Plaintiff, Defendant C, and Defendant C, jointly with Defendant C, KRW 43,079,540, and KRW 37,847,724 of the said money and each of the said money.
Reasons
1. Basic facts
A. Defendant B related to the party shall operate a certified judicial scrivener office in Changwon-si D, Changwon-si, and Defendant C was in office as a head of the office, and E was in office as an employee of the office.
B. (1) around August 1, 2018, the Plaintiff: (a) designated his wife F as his agent around August 1, 2018; and (b) entrusted the registration of ownership transfer to Defendant B’s Certified Judicial Scriveners Office for the registration of ownership transfer of eight lots of land H in Chang-si, Changwon-si; (c) obtained the relevant documents, such as the registration certificate, etc. following the registration of ownership transfer registration process on or around August 7, 2018; (d) around August 20, 2018, Defendant C made E, an employee of the said certified judicial scrivener office, E and sent the text message “63,079,540 won, agricultural cooperatives, and IB certified judicial scrivener”; and (e) received from F phone, and (e) paid the said money in lieu of taxes through consultation with the certified tax accountant.”
3) On August 21, 2018, the Plaintiff deposited KRW 63,079,540 to the above account in Defendant B’s name, and Defendant C withdrawn the full amount on that day and used it for personal purposes. The Defendant C demanded the F to pay a tax receipt from the F on August 28, 2018, stating that “I would not have to use the money in advance. I would not have to use it. I would have to use it.” Thereafter, Defendant C paid the Plaintiff KRW 20 million on September 2, 2019.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 1 (including additional number), witness F's testimony, the purport of the whole pleadings
2. Determination
A. The phrase "as to the execution of an employee's tort, which is an element for the employer's liability under Article 756 of the Civil Act, the occurrence and scope of one liability for damages as to the claim against Defendant B, is objectively constituted an employee's business activity.