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(영문) 부산지방법원 서부지원 2018.10.31 2017가단111367

손해배상(기)

Text

1. Defendant B: (a) 5% per annum from March 20, 2016 to October 31, 2018; and (b) November 1, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship between the parties (1) from August 5, 2014 to February 29, 2016, Defendant B, who is an entrusted food service company located in Busan, was in charge of the development of new trading companies, management of existing trading companies, etc. in the position of the head of the marketing team, while performing the duties of the head of the marketing team.

(2) On August 4, 2015, Defendant B, while working for the Plaintiff, established “E”, which is the same entrusted food service company as the Plaintiff, in the name of Defendant C, one of its own wife, in order to conclude an entrusted food contract with the Plaintiff’s new trading company or existing trading company.

B. Defendant B was entrusted with a new meal service contract with Dongdong Electric Industry Co., Ltd. (hereinafter “Dongdong Electricity”), around July 2015, upon consultation with F to enter into an entrusted service contract with the Plaintiff’s head of the marketing team, and was proposed by F to accurately report the progress of the contract to G, the Plaintiff’s representative director, as well as by “credit card settlement” method, rather than a “cash settlement” method. Thus, even though there was an occupational duty to work for the development of a new trading company, such as accurately notifying G, the Plaintiff’s representative director, and receiving a final decision on whether to enter into the contract, the fact did not be reported to G in violation of that duty.

(2) After that, on August 3, 2015, Defendant B entered into a contract for entrusted meal service between Defendant B’s operation and Defendant B’s 4,000 won per 2 years from August 31, 2015 to August 30, 2017, at the same time in the Eastern Electrical Office located in 38, Youngdong-dong, Busan, Busan, with Defendant B’s mind.

C. Defendant B, as the head of the Plaintiff’s marketing team, filed complaints from the existing entrusted meal contract company, refused to renew the contract, or terminated the contract.