손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff (formerly: C) is a juristic person that members are engaged in guarantee, financing, mutual aid, etc. necessary to engage in construction business.
From June 1, 1996 to April 30, 2017, the defendant worked as an employee of the plaintiff.
B. Around July 2012, the Plaintiff entered into a limited transaction debt agreement with D Co., Ltd. (hereinafter “D”) to provide a contract guarantee, performance bond, and defect liability for D, and established a pledge on D’s investment certificate as a security for D’s indemnity liability under the said limited transaction liability agreement.
C. D filed an application for commencement of rehabilitation proceedings with the Incheon District Court 2012 Gohap42, and the said court rendered a decision to commence rehabilitation proceedings on November 12, 2012.
(2) On November 19, 2012, D notified the Plaintiff of the fact that the instant rehabilitation procedure was commenced, the period for reporting rehabilitation claims, rehabilitation security rights, and shares (from December 11, 2012 to January 8, 2013) and the place of the rehabilitation procedure, and notified the Plaintiff of the attachment of investment certificates.
On April 1, 2013, the Defendant started work after being ordered to the Plaintiff’s site site manager of Incheon Branch, and around May 2013, discovered the omission of the Plaintiff’s receipt of the report in the instant rehabilitation procedure and reported this fact to E, the head of the branch office.
E. E instructed F, a subordinate employee (Grade VI), to prepare a rehabilitation claim report, and the Defendant submitted the rehabilitation claim report under the instant rehabilitation procedure on May 22, 2013 upon delegation from the Plaintiff.
Then, on July 2, 2013, D’s custodian raises an objection to the “non-recognition of voting rights as a uncertain indemnity obligation.” The Defendant, upon delegation from the Plaintiff, again submitted a rehabilitation claim report prepared by F by modifying the amount of the claim in the instant rehabilitation procedure on July 15, 2013.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, 12, and Eul.