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(영문) 서울남부지방법원 2019.11.07 2019가단249279

손해배상(기)

Text

1. The Defendant’s KRW 41,327,937 and its annual rate from October 3, 2019 to November 7, 2019, and the following.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. In a case where an employee partly dismissed causes damage to the victim due to a joint tort with a third party and a third party is liable for damages, the employee and the third party shall be deemed to be jointly and severally liable with each other as joint tortfeasor. The employer's liability for damages is an alternative liability for an employee's liability for damages, and the employer is also deemed to be jointly and severally jointly and severally liable with a third party (see, e.g., Supreme Court en banc Decision 91Da33070, Jun. 23, 1992). Therefore, in a case where the employer compensates the victim for damages exceeding the share of the employee's liability, the employer may exercise the right to indemnity against the third party

In light of the above legal principles, the defendant, who is the plaintiff's employee, was sentenced to imprisonment with prison labor for six months for the defendant, and one year for D, the appellate court (Seoul Central District Court 2016No3026), and the appellate court (Seoul Central District Court 2016No3026) established a false document "as if the defendant could lend 30 billion won to D with respect to the above business," as the plaintiff's bilateral branch office head of the plaintiff's two-dimensional branch office, it made D make it possible to use the above document as if it could cause E to borrow the loan to raise funds for the above business. "A was prosecuted for the above crime," and the first instance court (Seoul Central District Court 2015No8276) decided that the defendant could be subject to imprisonment with prison labor for six months, and the appellate court (Seoul Central District Court 2016No3026) held that D play a significant role in the crime of this case, but it could not be easily confirmed that the defendant took part in the loan.