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(영문) 수원지방법원 2018.09.13 2017나83249

변상금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except where the plaintiff makes a decision as to the assertion added to the grounds for appeal, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the additional argument

A. The plaintiff's assertion that the defendant suffered damages to the plaintiff by gross negligence during each loan approval process of 1.7 billion won as of July 7, 2006 and 880 million won as of August 31, 2007, respectively. In the case of gross negligence, the plaintiff has a broad discretion as to whether the defendant's exemption is granted. Thus, the defendant is obliged to pay the plaintiff the indemnity of 28,000,000 won.

B. In full view of the purport of Gap evidence No. 10 and the whole arguments, the plaintiff has a special compensation provision regarding the employee's liability for compensation. In principle, the liability for compensation arises only when the employee caused property damage to the plaintiff by intention or gross negligence on duty, and in the case of a passage room, only exceptional cases arise. In addition, the scope of the person liable for compensation, reduction of the amount of liability, extinctive prescription of the right to claim compensation, and other compensation procedures are stipulated.

The purport of the above provision is to impose, in principle, liability for damages on employees only when there is an intentional or gross negligence on the part of them in order to have them faithfully perform their duties beyond the burden of liability due to negligence, and in cases where liability for damages is acknowledged, it shall be deemed that the liability is mitigated or the period of prescription expires, and therefore, if the Plaintiff is liable for damages or the liability is excessive, it shall be deemed that the Plaintiff is exempted from the liability. Thus, regardless of whether the Plaintiff is subject to internal liability, or if the Plaintiff claims against the court,