손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Facts of recognition;
A. The Defendants were employees of the Plaintiff Company. Around February 2012, in collusion with the Plaintiff Company’s office, they stolen one “Dlim 60F type equipment” owned by the Plaintiff (hereinafter “instant machinery”), and were subject to criminal punishment for this reason.
(Jacheon District Court 2014 Highest 264)
D. On July 9, 2015, Plaintiff Company: (a) filed a claim against the Defendants with the Busan District Court Branch Decision 2015Kadan164555, stating that “The Defendants are liable to pay the Plaintiff the amount of KRW 34 million equivalent to the market price of each of the instant machinery and thus, the Defendants are obligated to pay the Plaintiff the amount of KRW 34 million and the damages for delay.”
(hereinafter referred to as “instant prior suit”). (e)
However, on October 14, 2015, the vice branch court of the Incheon District Court dismissed all the claims of the Plaintiff Company, and the above judgment became final and conclusive on November 3, 2015.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. Of the grounds for the judgment of the Plaintiff’s prior suit, it is recognized that the Defendants are liable to compensate for damages, on the grounds that “the Plaintiff may seek damages against the Defendants regarding the amount of decrease in value of the instant machinery, but it is insufficient to recognize that the amount of decrease in value of the instant machinery reaches an amount equivalent to the market price.”
Thus, the defendants should jointly pay to the plaintiff 14,152,00 won (10,725,000 won (10,725,000 won for parts for repair of the machinery of this case) as damages.
B. The instant lawsuit by the Defendants contradicts the res judicata effect of the final and conclusive judgment of the instant prior suit.
3. Determination
A. Res judicata of a final and conclusive judgment affects the judgment on the existence of legal relations asserted as a subject matter of lawsuit.