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(영문) 대구지방법원 2020.01.31 2019가단137607

유체동산인도

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the aim of providing passenger transportation services, etc., and the Defendant is a person who has retired on September 21, 2018, while serving in the Plaintiff’s account for 20 years at the Plaintiff Company.

B. On September 27, 2018, the C Union notified its members, including the Plaintiff, of the fact that it plans to conduct guidance inspections around October 4, 2018 in Daegu Metropolitan City, as well as that the documents to be prepared at the time of the inspection are all relevant documents (hereinafter “the documents of this case”) such as employment contract, leave-related documents, detailed statement of pay, 4th insurance policy, dispatch order, vehicle register, daily transport income deposit table, daily transport income payment ledger, traffic accident-related documents, and digital driving records from July 2017 to July 2017.

C. The Plaintiff was subject to guidance and inspection in Daegu Metropolitan City from October 17, 2018.

At the time of withdrawal, the Defendant received Nonparty D’s phone and sent it to the Plaintiff Company, and the Plaintiff passed a guidance check at the end of 2018.

Plaintiff

On August 3, 2018, the company driver's workers submitted a resignation letter and filed a complaint against the plaintiff's representative director on the ground of the non-payment of wages for the first and second months in 2018.

E. The Plaintiff filed a complaint against the Defendant for property damage.

In the above complaint case, the defendant was indicted on November 27, 2019 on the ground that "the defendant transferred the USB, which contains various documents used by the company at the time of retirement, to the company Nowon-gu, and all kinds of documents contained in the USB, to E at the time of the plaintiff's joint representative director, and F and G, who were the plaintiff's employees, stated that the documents submitted in the lawsuit, are prepared by the attorney's office to report the details of the passbook at the attorney's office and submitted them to E. The statement of E and the attorney's office is insufficient to prove that the defendant concealed the USB containing various documents, such as consistent with the defendant's statement."

[Identification Evidence] Facts without dispute, Gap evidence 2, 6, 7, 26, Eul evidence 5.