손해배상
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Basic facts
A. The Plaintiff is an internal director of E Co., Ltd. (hereinafter referred to as “E”) with its head office No. 401 of Seocheon-gu, Busan (hereinafter referred to as “instant shopping mall”), and the Defendant Co-Defendant C (hereinafter referred to as “C”) of the first instance court from February 2015 as the parking supervisor of the said shopping mall.
B. On February 23, 2015, C sought No. 401 of the shopping district of this case where the Plaintiff worked during the business hours, and assaulted the Plaintiff at his/her own floor and drinking by assaulting the Plaintiff at his/her head.
(hereinafter “the instant assault”). 【The ground for recognition of the instant assault, the fact that there is no dispute, the entries in Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion that the defendant company neglected the management and supervision of C despite being notified of the fact that C, who is an employee of the defendant company, had worked in the drinking state by the plaintiff, and further, C knew that "the plaintiff demanded the dismissal of C" was false, and as a result, C's assault against C occurred, the defendant company is liable to compensate the plaintiff with respect to the above assault as the employer of C.
B. The phrase "in relation to the execution of an employee's business", which is an element for an employer's liability under Article 756 of the Civil Act, means that if an employee's unlawful act appears objectively to be an employee's business activity or an act of performing business, or related thereto, it shall be deemed that the employee's act was performed without considering the offender's subjective circumstances. If the employee intentionally committed an harmful act to another person based on the employee's intention, the act is not itself, but rather, in the period and place of the employer's business, and is close to the employee's business in whole or in part, or the motive for the harmful act