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(영문) 서울북부지방법원 2015.10.28 2014가단44342

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff Company’s head office is a company with the purpose of the second class, the wholesale and retail business of automobile products, the trade business, etc., located in Dongdaemun-gu Seoul Metropolitan Government. From June 13, 2008 to August 17, 2011, the Plaintiff Company established a branch (hereinafter “the voice branch”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the Jincheon-gun branch”). The Plaintiff Company, from August 17, 201, established a branch (hereinafter “the Jincheon-gun branch”).

B. The Plaintiff Company posted F as its branch office at the voice branch and Jincheon branch.

C. Around August 2008, the Defendant was employed as an accounting employee at the above voice branch.

From August 30, 2008 to February 18, 2010, the Defendant provided transit equivalent to KRW 5,971,831, which is the husband, to the HH station located in Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do.

E. In addition, from August 26, 2010 to September 24, 2013, the Defendant reserved the gasoline amounting to KRW 18,112,09,09, in total, to his own car (hereinafter “Defendant vehicle”) at the said HH station (hereinafter “Defendant vehicle”), from August 26, 2010 to September 24, 2013.

F. However, the Defendant paid the Plaintiff Company’s payment of the above and gasoline to the above gas station.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties' assertion is that the plaintiff suffered damage to the plaintiff due to the violation committed by the defendant who supplied oil to the defendant's vehicle without knowledge of the plaintiff's company or without relation to the plaintiff's business. Thus, the plaintiff claimed that the defendant was not able to comply with the plaintiff's claim since the defendant's compensation for damages caused by tort amounting to 24,083,930 won (18,112,099 won of gasoline amounting to 5,971,831 won). Accordingly, the defendant entered into an employment contract under the condition that the plaintiff would receive the oil payment in addition to the monthly wage between F and F at the time of employment of the plaintiff company.

B. Determination Does, the head of the branch office at the time the Defendant was employed in the voice branch was F.