손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff entered into a service contract with the Home Plus Co., Ltd. (hereinafter “ Home Pluss”), and is a company engaged in parking management, the dispatch of workers in relation to U.S. dollars, and the Defendant is the Plaintiff’s worker from May 21, 201 to November 2, 2014, who was dispatched to the Home Plus B and was in charge of U.S. dollars duties.
B. On October 22, 2014 and October 30, 2014, while serving in the said store, the Defendant stolen the instant theft by using the method of calculating the cost of calculating one-way and toy cars on two occasions (hereinafter “instant theft”).
C. The Defendant, due to the instant theft, retired from the Plaintiff Company on November 2, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings
2. According to the Plaintiff’s assertion and the Home Packer’s service contract between the Plaintiff and the Home Packer, when the Plaintiff’s employee steals money and valuables of at least KRW 100,000, the Home Packer’s service contract may be terminated in whole or in part. The Plaintiff’s act of theft of this case was terminated with the Home Packer’s service contract for ten stores.
Therefore, the Defendant is obligated to pay 443,818,517 won and damages for delay, which are the amount calculated by deducting the profits accrued from four stores newly concluded with the Home Plers after the act of theft of this case, from the profit accrued from ten stores where the Plaintiff terminated the existing service contract, as damages for nonperformance or tort.
3. The judgment of the Defendant on this safety defense is that the Defendant written a resignation and requested the Defendant to compensate for the scrap that the Plaintiff Company was stolen on the following day, and the employee in charge of security to pay 50,000 won in cash as compensation for damage and to arrange all the issues of compensation for damage. This is the conclusion of the non-committee agreement.