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(영문) 수원지방법원안양지원 2019.09.20 2017가단13104

양수금

Text

1. On August 23, 2017, the claims indicated in the separate sheet between the Plaintiff (Counterclaim Defendant) and F Co., Ltd. were concluded.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The F Co., Ltd. (hereinafter “F”) is a company that establishes, maintains, and repairs a network security system to the company or the government offices. Defendant B is a person who works for the company from November 3, 2014 to August 31, 2016, Defendant D from January 3, 2003 to October 31, 2016, and Defendant E is a person who works for the company from January 3, 2003 to November 1, 2016.

On the other hand, Defendant B, from September 2010, had been operated in the name of Defendant C, a company in charge of the construction, maintenance, and repair of the network security system as the same type of business as the non-party company from around September 201, before joining the non-party company.

B. Defendant B, as an employee of the non-party company, violated the above duties, despite the fact that there was an occupational duty to faithfully conduct the business related to the construction, maintenance, and repair of the network security system, and entered into an “I Contract” with H Co., Ltd. around November 30, 2014, and entered into a contract with G Co., Ltd., other than the non-party company, with the non-party company and carried out the maintenance and repair work at least ten times from around that time to June 30, 2016.

C. Defendant D and E, as an employee of a non-party company, has a duty to manage a customer in good faith so that the non-party company can maintain a transaction relationship with the transaction partner continuously and maintain the non-party company, in violation of the above duty, and after obtaining the account, corporate seal impression, and authorized certificate from Defendant B, the non-party company’s transaction partner, entered into a “K9 maintenance and repair contract” with J Co., Ltd., which is the non-party company, with the non-party company (hereinafter “the non-party company’s transaction partner”), and entered into the contract with G, which is not the non-party company, with the non-party company, and performed the maintenance and repair business thereof, and conducted it on June 30, 2016 (However, Defendant E shall take part from September 30, 2016 to October 28, 2016).