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(영문) 서울남부지방법원 2015.11.20 2014가합110397

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an instructor teaching the subject of the College College Ability Test, and in 2015, the Plaintiff produced lecture video files from the end of 2013 to August 2014 for Internet lectures for the subjects of the College College Ability Test.

B. On August 1, 2014, the Plaintiff entered into a contract with the Defendant to receive the programming service of the video files for Internet lectures (hereinafter “instant service contract”), and around that time, up to which the Plaintiff opened the video files of the lecture that was produced in the Defendant’s server as above. On August 21, 2014, an accident occurred in the process of the motive of the Defendant’s employee B’s reproduction of the file that was opened to the Defendant’s server to another server.

(hereinafter “instant accident”). [Ground for recognition] A’s absence of dispute, entry of A’s evidence No. 3, the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff’s negligence on the part of the Defendant’s employee B, caused the instant accident, and 310 of 324 of dynamic image files that the Plaintiff opened to the Defendant’s server was deleted. Accordingly, the Plaintiff was unable to make an Internet lecture compared to the College Ability Test in 2015.

The Plaintiff incurred mental damages due to business reliance as well as property damages of KRW 170,34,520, KRW 48,056,30, KRW 300, KRW 34,020, KRW 280, KRW 300, KRW 300, KRW 300, KRW 300, KRW 38,056, KRW 300, KRW 34,020, KRW 280, KRW 300, KRW 300, KRW 300, KRW 300,000, KRW 801,000, KRW 200, KRW 200, KRW 800, KRW 800, KRW 200, KRW 800, KRW 200, KRW 8000, KRW 200, KRW 200, KRW 200, KRW 200).

B. According to the purport of the written evidence No. 4 of the judgment No. 1 and the entire pleadings, the Defendant’s employees B shall be the Plaintiff on August 22, 2014.