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(영문) 춘천지방법원속초지원 2016.07.19 2015가단301306

손해배상(기)

Text

1. The Defendant’s KRW 150,000 and the Plaintiff’s annual interest thereon from December 30, 2015 to July 19, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation mainly engaged in fishing development and electronic commerce, etc., and the Defendant is a person who joined the Plaintiff on May 21, 2014 and worked until November 27, 2014.

B. The Defendant was in charge of Nonparty C’s sales promotional activities during the term of office, and upon the termination of the contract between the Plaintiff and C on October 17, 2014, the Defendant deleted data related to C.

C. The Plaintiff filed a complaint with the purport that the Defendant arbitrarily deleted C/C image work text files, etc. On July 22, 2015, the Defendant was sentenced to a fine of KRW 500,000,000,000,000,000,000,000,000,000 won for the above criminal facts, and the said judgment became final and conclusive around that time, as the Defendant did not object to

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is liable to compensate the Plaintiff for damages caused by the deletion of C’s original text files from C’s image work, barring special circumstances. 2) As to the Defendant’s assertion, the Defendant, prior to the date of withdrawal, entered into a contract between C and the Plaintiff on October 17, 2014, inasmuch as the materials related to C no longer need exists due to the termination of the contract between C and the Plaintiff, and thus, the relevant materials were deleted.

It argues that there is no liability to compensate for damages caused by this.

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 2, the contract between the Plaintiff and C was terminated on October 17, 2014, but it is deemed that the contract has been terminated on October 17, 2014, but it is necessary to collect, manufacture, and prepare various data in preparation for various requirements of the client.

Even if there is no need for the data to be used in the contract with other companies, the defendant will arrange all of the contract with D president of the plaintiff at the time.