손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a person who is engaged in mechanical parts and line-manufacturing business, etc. with the trade name “D” in Busan Seo-gu, and the Defendant was an employee of the said workplace between October 16, 2013 and May 30, 2017.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. The Defendant, without the Plaintiff’s consent, registered the Plaintiff’s business with the trade name “E” at the Plaintiff’s place of business, and acquired money collected from the Plaintiff’s customer by deceiving the money from the Plaintiff’s place of business, thereby causing damage to the Plaintiff in aggregate between November 1, 2016 and June 30, 2017.
In addition, the Defendant incurred damages to the Plaintiff in total of KRW 1,667,336, such as usage fees and load fee, by using the vehicle without returning the vehicle at the Plaintiff’s place of business after withdrawal.
In addition, the defendant received the advance payment of KRW 1,700,000 from the plaintiff on November 12, 2013, but withdrawn without paying it.
Therefore, the defendant is obligated to pay to the plaintiff the amount equivalent to the above damages and the total amount of advance payment KRW 196,890,727 and damages for delay.
B. As shown in the written evidence No. 1-1, 1-2, and 2 of the judgment, as shown in the purport of the entire pleadings, the prosecutor of the District Prosecutors’ Office in Busan District Prosecutors’ Office rendered a non-prosecution disposition against the Defendant on March 7, 2019 and April 25, 2019 (occupational Embezzlement, etc.) on the charge of occupational embezzlement, etc. (on the part of the Plaintiff’s appeal against the above non-prosecution disposition), and in light of the circumstances where the Plaintiff’s appeal against the above non-prosecution disposition is dismissed, it is insufficient to acknowledge the facts alleged by the Plaintiff solely based on the written evidence No. 2 and other materials submitted by the Plaintiff, and thus, the Plaintiff’s assertion is rejected without examining the scope of damages, etc.
3. The plaintiff's claim for conclusion is dismissed as it is without merit.