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(영문) 창원지방법원 밀양지원 2018.04.24 2018가단215

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

On September 20, 2017, the Plaintiff: (a) requested the Defendant who operates a manpower office on September 20, 2017 to pay KRW 150,000 per capita a day to the Plaintiff’s vinyl; and (b) introduced five associates.

However, the plaintiff suffered total damages of KRW 32950,00,000 due to the error of the above parts' work by putting the vinyl over the snick with the snick.

Therefore, the defendant should compensate the plaintiff for damages of KRW 32950,000 due to the above negligence.

Judgment

On the other hand, even according to the plaintiff's assertion, the purport of the defendant's introduction and work for the plaintiff. Thus, it is difficult to view that the defendant was in the position to give specific work instructions to the above parts and to direct and supervise them.

Therefore, even if the Plaintiff suffered any loss due to the mistake of the father introduced by the Defendant, as alleged by the Plaintiff, it is difficult to hold the Defendant liable for contractual liability or tort liability under Article 750 of the Civil Act, which arranged the employment relationship between the Plaintiff and the father.

Furthermore, even if the purport of the Plaintiff’s assertion is deemed to have been held liable for employer’s liability under Article 756 of the Civil Act, there is no evidence to deem that the Defendant and the father were in an employee relationship with the employer. Therefore, the Plaintiff’s assertion does not seem to have

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.