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(영문) 의정부지방법원 2017.11.08 2017나202440

구상금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The representative of H, Inc., Ltd., FDa-dong, Inc. (hereinafter “H”) is an internal director I, and the Plaintiff has been delegated by K, the father of I and I, as a manager, the management of H factory.

The finance and accounting affairs of H with respect to H’s sales, profit, etc. were entrusted to K, and the Plaintiff was entrusted with the practical management responsibility related to the operation and operation of H plant.

B. Around early 2014, the Defendant was employed by the Plaintiff as an employee of H through the Plaintiff while working for six months in the original part-based L, which is located in Macheon City, operated by the Plaintiff. Around that time, the Defendant was employed as an employee of H with the trade name “E” in the same location as H, and completed the registration thereof.

E Details of E’s business registration shall be as follows:

The opening date of business: The location of the business place on January 30, 2015: "F, Multi-Dong (the same type as H): Manufacturing, Wholesale and Retail (the same type as H): 'biber, export and processing' (the same as H).

C. On February 10, 2015, the Defendant opened the “Account (Account Number C) Savings Account in the name of the new bank in the name of the new bank.

On February 26, 2015, the Defendant concluded a loan agreement with the new bank and the above account (hereinafter referred to as the “instant loan agreement”) on the loan agreement between the new bank and the foregoing account (hereinafter referred to as the “instant account”).

(2) On the same day, the Plaintiff registered the establishment of a new bank with the obligor, Defendant, and Defendant of the right to collateral security (hereinafter “the establishment of a new bank in the instant case”) with respect to D apartment 2004, 601, Namyang-si, his/her father, his/her his/her father, in order to secure the future debt that may arise from the loan agreement in the instant case on the same day.

d. D.

On July 2015, the defendant retired from H in the middle of 2015.

E. On July 30, 2015, the Plaintiff’s retirement of H was accumulated according to the instant loan agreement.