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(영문) 서울고등법원 2018.11.23 2017나2066368
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Intervenor, among the costs of appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a service contract with the Home Plus Co., Ltd. (hereinafter “ Home Pluss”), and is a company engaged in parking management, the dispatch of workers in relation to U.S. dollars, and the Defendant is the Plaintiff’s worker from May 21, 201 to November 2, 2014, who was dispatched to the Home Plus B and was in charge of U.S. dollars duties.

B. On October 2014, the Defendant, while working in the said store, stolen the Korean-distance Chinese-booms, etc. on several occasions around the end of October 2014.

(hereinafter “the instant theft”). C.

On November 2, 2014, the Defendant retired from the Plaintiff Company.

[Grounds for recognition] The items of evidence Nos. 1, 5, and 6 and the purport of the whole pleadings

2. The Plaintiff’s assertion that the act of theft in this case was committed against the termination or rejection of the service contract for the existing 10 stores from the Home Pluss. The Defendant is obligated to enter into a new service contract with the Home Plussssss and new service contract after termination or rejection of renewal or to pay the Plaintiff damages, i.e., the profits that would have arisen from the said 10 stores if the Plaintiff had not refused termination or renewal of the contract.

3. As to the defense prior to the merits, the Defendant: (a) written resignation by himself; (b) requested the Defendant to compensate for the scrap, etc. that was stolen by the Plaintiff Company on the following day; and (c) paid 50,000 won in cash to the Defendant as compensation for damages; and (d) decided to adjust the issue of compensation for damages. Since this is deemed to have been established, the instant lawsuit is deemed unlawful against the agreement to file a lawsuit; (b) however, it is unclear whether the Defendant’s assertion itself is the Plaintiff’s employee or the Defendant’s employee, as well as the fact that the Defendant agreed to compensate for damages.

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