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(영문) 부산지방법원 2017.06.22 2016나12684

손해배상(기)등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff is a legal entity established for the purpose of the development and distribution of software, and the Defendant is a person who served as a person in charge of the development of the accounting sector within the development team of the Plaintiff Company BNK Credit Information (State), from November 20, 2015 to December 18, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff alleged that the defendant was a high-class program developer with a long-term experience, but the defendant's career was false, and since the defendant failed to perform the development project work assigned to him and caused damage to the plaintiff, the defendant is obligated to compensate the plaintiff for the total amount of KRW 7,200,000,000, including the amount of delayed development damage and the amount of KRW 4,200,000,000 (i.e., monthly development damage amount of KRW 7,00,000 x 18 days/30 days).

3. In full view of the overall purport of the arguments as a result of the fact-finding inquiry by P&A, Gap evidence No. 7, the Korea Software Industry Association of the first instance, and P&A about P&A, the entire purport of the arguments against P&A, the following facts are acknowledged. However, this fact and the evidence submitted by the plaintiff alone are insufficient to recognize that the defendant deceivings the plaintiff as false career and caused damage to the plaintiff because it was impossible to properly perform the development project work assigned to him, and there is no other evidence to prove otherwise.

4. Thus, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.