손해배상 청구
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. Basic facts
A. The Plaintiff is a company in charge of managing the services of D buildings located in Masung-si, and the Defendant is a worker of the Plaintiff, who was working as the head of the management office of the said building, and E is a worker of the Plaintiff, who was working as the managing staff of the said building.
B. Around December 13, 2018, the Defendant sent a notice of pre-determination of dismissal to E on the ground of the relationship between E and the worker (Dong), and E filed a petition with the Central Local Labor Agency on the ground of unfair dismissal, etc.
C. On March 27, 2019, the Plaintiff paid KRW 3.5 million to E with the agreed amount, and E withdraws the said petition.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings
2. The parties' assertion
A. The Defendant asserted that the Plaintiff gave notice of dismissal to E without obtaining approval from the Plaintiff, even though there was no ground for dismissal.
The plaintiff paid KRW 3.5 million to E due to the above tort committed by the defendant, and the defendant is obligated to pay the plaintiff KRW 3.5 million with the indemnity amount.
B. The defendant asserted that the defendant recommended the plaintiff's representative director to dismiss E, and the representative director impliedly approved the dismissal.
Even if the defendant's act constitutes a tort, the plaintiff's exercise of the right to indemnity is not permitted under the good faith principle.
3. Determination
A. In general, in cases where an employer has suffered direct loss due to a tort committed in relation to the performance of duties by an employee or a victim has suffered loss as a result of the employer’s burden of liability for damages, the employer shall be fair in light of the nature and scale of the business, status of the facility, details of the employee’s duties, working conditions or attitude, situation of the harmful act, degree of consideration of the employer as to the prevention of harmful act