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(영문) 부산지방법원 2017.01.19 2015가단214833

손해배상(기)

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 28,543,700 and Defendant B with respect thereto from May 15, 2015, and Defendant C with respect to the said amount. < Amended by Act No. 13183, May 15, 2

Reasons

1. On the basis of the facts, around 2012, Defendant B served as an employee of the Plaintiff at a mobile phone sales store located in Geum-gu Busan, Busan, as the Plaintiff’s employee. The fact that Defendant C is the father of Defendant B is no dispute between the parties.

2. Determination as to the claim against the defendant B

A. In full view of the overall purport of the pleadings, the part concerning the claim for damages against the theft of cellular phone Nos. 4 and 11, Defendant B was found to have stolen an amount equivalent to KRW 20,083,700 from the aforementioned sales store to the end of August 2012, 2012. According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff KRW 20,083,700 as compensation for the damages against the theft of cellular phone.

B. The Plaintiff asserted as follows: (a) while Defendant B was an employee of the Plaintiff, he arbitrarily used customer information at the aforementioned sales store to forge the application for mobile phone membership; (b) opened the mobile phone by exercising the right to open the mobile phone; (c) thereby, the Plaintiff opened the mobile phone; and (d) as indicated in attached Table 2, the Plaintiff’s payment details I; (b) 363 won (=49,115,506,81 + 3,410,122 + 198,360 won + 198,360 won + 198,360 won; (d) the Plaintiff did not use the aforementioned application for subscription in the name of the Plaintiff; and (e) the Plaintiff did not use the mobile phone entry under the name of the Plaintiff; and (e) the Plaintiff’s mobile phone entry under the name of the Plaintiff; and (e) the Plaintiff did not use the mobile phone entry under the name of the Plaintiff; and (e) the Plaintiff’s mobile phone entry; and (e) the Plaintiff’s mobile phone entry under the Plaintiff’s mobile phone entry under the name.