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(영문) 서울고등법원 2014.10.16 2013나57933

손해배상

Text

1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the cancelled part is dismissed.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is that the Plaintiff, who is an employee of the Defendant,, intervenes by the Plaintiff sufficiently in the electric cable transaction between the Defendant and F with respect to the Defendant’s performance of the Defendant’s business, and the electric cable is immediately delivered from the Defendant to F. However, the Plaintiff proposed intervention in the transaction conducted in the form of purchasing it from the Defendant and resale it to F and then made such a transaction in the same manner of transaction, and thereby, F was converted from the personal enterprise to the stock company in the course of F (hereinafter “E” on July 26, 2010; hereinafter collectively referred to as “E”)’s collateral value provided by E (i) and the financial capability of E (i) in which the Plaintiff continued to engage in the transaction with the Defendant and (ii) caused the Plaintiff to incur damages that the Plaintiff could not recover part of the price of the goods from E, and (iii) sought compensation for damages therefrom based on the employer liability under Article 756 of the Civil Act.

The judgment of the court of first instance accepted part of the plaintiff's claim against the defendant (4,59,22,820 won and damages for delay) and dismissed the remainder of the claim. The defendant appealed against the part against which the plaintiff lost, and the plaintiff filed an incidental appeal against the part against which the plaintiff lost (limited to KRW 1,269,586,920 and the damages for delay).

나. 전제된 사실관계 【증거】갑1의 1에서 23, 갑2의 1에서 13, 17, 18, 갑26의 2, 갑36, 을4의 1, 을15, 증인 C, D과 변론 전체의 취지 ⑴ 당사자 ㈎ 원고는 전기통신사업, 전기 및 정보통신 설비의 운영 및 보전 등을 목적으로 하는 회사로서 N은 원고의 이비즈(e-biz)팀의 팀장이고, C은 이비즈(e-biz)팀 소속 대리이다.

㈏ 피고는 전기ㆍ산업용기기 및 장비의 제조ㆍ판매, 전자부품 제조ㆍ판매 등을 목적으로 하는 회사로서 L은 피고의 통신영업팀 부장이고, D은 통신영업팀...

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