The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the assertion of misapprehension of the legal principle as to the establishment of employer liability

A. Even if the Defendant did not conclude an employment contract with the Defendant, the lower court determined that B was in a de facto position under the Defendant’s direction and supervision in light of the circumstances in which B received a written renunciation of renunciation from H Co., Ltd. on two occasions according to the Defendant’s president Q, and used the Defendant’s office and continuously promoted the school relocation project, and that B was in an objective and external manner related to the Defendant’s performance of duties, since B’s tasks handled are the Defendant’s school relocation project.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there are no errors in the misapprehension of legal principles as to employers' relations or business performance relation, or in violation of the rules

B. The term “major negligence of a victim exempted from employer’s liability” refers to a situation in which it is deemed reasonable to deem that there is no need to rescue a victim from the perspective of equity and lack of care to the extent close to the intention of the general public because it is considerably breached the duty of care required by the general public by believing that an employee’s act was not legitimate within his/her authority, even though he/she could have known that it was not legally performed within his/her authority

(see, e.g., Supreme Court Decision 2012Da61377, Apr. 10, 2014). According to the reasoning of the lower judgment and the record, B performed an act of entering into a contract with outside person at the Defendant’s office, etc., and the office opened and opened the door door, i.e., the chief director’s office.