1. The plaintiff's liability for damages caused by the non-party C's fraudulent name theft against the defendant is KRW 165,744,623.

Basic Facts

The plaintiff is a company that operates mobile phone sales and service business, and the defendant is a mobile communications company.

On October 17, 2014, the Plaintiff entered into a contract with the Defendant for the operation and management of “prolong-2 store”, a consignment store (hereinafter “instant operating contract”), which includes the following: (a) the Defendant entrusted the Plaintiff with the business of operating and managing the “prolong-2 store”; (b) soliciting and joining mobile phone customers; and (c) providing the Plaintiff with an agency services for the business of soliciting and joining mobile phone customers; and (d) paying fees in return.

According to the instant operational contract, where the Plaintiff incurred loss due to abnormal business operations in violation of the business rules, etc. set forth by the Defendant, such as management of application documents or confirmation of customer will, the Plaintiff shall compensate the Defendant for the loss (hereinafter “compensation”), and the Defendant separately provides that the fees for the abnormal business shall not be paid or the fees already paid shall be recovered (hereinafter “recompensation”). The relevant provisions are as follows.

A letter of agreement on a consigned direct sales outlet (Evidence 3 of the A), shall be the policy on the abnormal business management (Evidence 4 of the A).

(b) Abnormal type of business opening: An act of opening the name of another person without any abnormal intention or actual user, such as resale of end-of-end, depreciation in inventory, increase in business performance, etc.: An act of opening the name by utilizing the name of another person without the consent of the nominal owner;

C. The imposition of incentives for each type of abnormal business (only taking measures to recover the amount of incentives): Criteria for recovering incentives: D (mutual name: E) which entered into a consignment sale contract with the Plaintiff around February 2015, 2015, by stealing the name of the two corporations, F limited liability companies and limited liability companies, requesting the Plaintiff to open the cell phone of 193 mobile phones, thereby making it impossible to recover the said mobile phone by making the Plaintiff believe that it is, and progress the opening of the 193 mobile phone.