2. (2) In a case where an employer suffers direct loss due to a tort committed by an employer in relation to the performance of duties by an employee, or a third party who is the victim suffers loss as a result of an employer’s liability for damages, the employer may claim damages against the employee or exercise the right of indemnity only to the extent deemed reasonable under the good faith principle in light of the nature and scale of the business, the status of the facility, the details of the employee’s duties, working conditions and attitudes, the cause and nature of the harmful act, the degree of employer’s consideration as to the prevention of the harmful act or the distribution of loss, and other circumstances

(See Supreme Court Decision 2014Da202691 Decided May 29, 2014 (see, e.g., Supreme Court Decision 2014Da202691, May 29, 201). The following circumstances revealed by the record, i.e., the Plaintiff set the annual sales targets by setting the sales targets for each branch office, allocating the sales targets for each sales office, and urged business employees to achieve the goals by differentiated payment rates, etc. according to the achievement of the sales targets and the rate of payment for goods. The Defendant appears to have caused practical difficulties in maintaining existing business partners and accomplishing the sales targets in the process of the business competition. The Plaintiff also made efforts to set the proper sales targets or discount rates by accurately ascertaining the business status of the business employees.