손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In light of the following: (a) there is no dispute between the parties to the underlying facts or comprehensively taking account of the purport of the entire pleadings in the written evidence Nos. 1 through 3, the Plaintiff is engaged in fish farming business with the trade name of “C”; and (b) the Defendant entered into an employment contract with the Plaintiff around September 2012 and served as a warden in the C aquaculture of the Plaintiff’s operation from around that time to July 2013 (hereinafter “instant aquaculture”).
2. The plaintiff's assertion that the defendant did not perform his/her duty of care as a good manager while working in the farm of this case as a warden, thereby causing damage to the plaintiff as a result of the plaintiff's abandonment of 582,50,980 won, purchased from December 12, 2012 to May 14, 2013. The plaintiff claimed KRW 99,99,900 among them.
3. Although there is no dispute between the parties on February 20, 2013 in the instant form, the fact that part of the funeral was closed on or around February 20, 2013 does not exist between the parties. Meanwhile, according to witness D’s testimony, the Defendant was on or around February 20, 2013 with the Plaintiff’s permission, and at around that time, two employees and the Plaintiff’s husband E were working on the instant form. Since around February 20, 2013, the Defendant continued to work on or after February 20, 2013. In light of the above facts of recognition, there is insufficient evidence to acknowledge that the Defendant discontinued the funeral ceremony on or around February 20, 2012 due to the Defendant’s violation of good manager’s duty of care.
Furthermore, it is not sufficient to recognize that long-term fishing except around February 20, 2012 was a group of death, only on the basis of each description of Gap evidence 3 to 7, witness D, F testimony, and fact-finding results of this court's Korean nationals' water storage producer association.