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(영문) 인천지방법원 2014.04.10 2013가단75235

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is a company that manufactures boiler parts and wholesale and retail business. Plaintiff B is the representative director of Plaintiff A, and the Defendant is an employee of Plaintiff A from March 10, 2010 to the employee of Plaintiff A.

B. On April 13, 2009, Plaintiff A established D Co., Ltd. jointly with the East Systems Co., Ltd., and the Defendant was engaged in research and development as an employee of D Co., Ltd from January 25, 2010, and served as an employee of Plaintiff A from March 10, 2010, and retired on June 30, 2013.

C. On March 12, 2010, Plaintiff B paid KRW 15 million to the Defendant as royalties. On June 22, 2011, Plaintiff A paid KRW 8,500,240 to the Defendant as hospital expenses.

[Reasons for Recognition] Facts without dispute, Gap 1 to 6 evidence, Eul 2 and 3 evidence (Evidences A1, 3 and 3 include each number), the purport of the whole pleadings.

2. Plaintiff A’s claim

A. On June 22, 2011, Plaintiff A lent KRW 8,500,240 to the Defendant for medical expenses, and the Defendant is obligated to pay the loan principal and damages for delay. 2) The Defendant asserts that: (a) the Defendant is not the Plaintiff’s payment of KRW 8,50,240 for the Defendant’s wood disc treatment expenses at the company’s expense; and (b) it is not the lending of this.

B. The evidence submitted by the Plaintiff A alone is insufficient to recognize that the same Plaintiff lent KRW 8,500,240 to the Defendant on June 22, 2011, and there is no other evidence to prove otherwise.

Rather, comprehensively taking account of the aforementioned evidence, Eul evidence Nos. 1 through 3, and Eul evidence Nos. 6, and the overall purport of the pleadings, the defendant transferred KRW 8,500,240,00 to the defendant's credit card during the period from May 24, 2011 to May 31, 2011 when he/she was employed as an employee of the plaintiff A. < Amended by Act No. 10871, May 16, 2011; Act No. 10835, May 31, 2011; Act No. 1085, Jun. 22, 2011; Act No. 10877, Jun. 22, 2011>