[손해배상(기)][공1989.7.1.(851),904]
In the case of illegal acts regarding the performance of the duties of an employee, the effects of exemption or agreement on the employer for the victim's employees.
When a victim, due to a tort regarding the performance of an employee's affairs, has obtained a real satisfaction of all or part of the employee's compensation from the employee, the employer's compensation liability is terminated within the scope of the tort, but other special circumstances, such as where the victim made an express or implied declaration of intent not to claim any more than the actual satisfaction of the obligation or the validity of the agreement, etc., shall not affect the employer's compensation liability, unless there exist any special circumstances, such as where the victim further
Article 419 of the Civil Act
Kim Jong-gu et al., Counsel for the defendant-appellant Kim Jong-gil, Counsel for the plaintiff-appellant
Attorney Park Jong-chul et al., Counsel for the defendant-appellant
Seoul High Court Decision 87Na4385 delivered on May 17, 198
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are also examined.
Examining the reasoning of the judgment below in light of the records, the parties to the agreement reached on March 11, 1986 between the plaintiff Kim Jong-gu and the defendant Kim Jong-dong, not the defendant, but the defendant's employees, including the non-party 1 who were accused of having caused the death of the non-party Kim Jong-dong by the same plaintiff, and the defendant's employees, who were related teachers, including the non-party 1, who were accused of the death of the non-party Kim Jong-dong by the same plaintiff. There is no violation of the rules of experience and logic and any violation of the rules of evidence and any violation of the rules of evidence, and even after examining the records and the preparatory documents, it cannot be deemed that the plaintiff Kim Jong-dong asserted or had caused the
In addition, if the facts are as acknowledged by the court below, as in the case of this case, when a person who is the victim of an employee's illegal act regarding the performance of employee's business affairs obtains a real satisfaction of all or part of the employee's compensation, the employer's compensation liability shall be extinguished within the scope of the employee's compensation. However, other special circumstances such as exemption of obligations or the validity of agreement other than actual satisfaction should be viewed as not having an effect on the employer, unless the victim made an explicit or implied declaration of intention not to claim any more damages against another person liable for damages. Therefore, the judgment of the court below in the same purport is just, and the assertion of the judgment of the court below against the contrary is not acceptable. Accordingly, there are no grounds for all arguments.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Yoon-tae (Presiding Justice) (Presiding Justice)
Impossibility of signing and sealing a leap