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(영문) 서울서부지방법원 2018.06.22 2017나39935
손해배상(기)
Text

All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as follows: (a) the “statement of evidence” in the 5th page 17 of the reasoning of the judgment of the court of first instance is dismissed as “written evidence”; (b) the formula of the 6th page 16, and the overall No. 17 of the 6th page 17 is as follows: (c) each “the “amount of the decrease in monthly sales” shall be calculated by adding 70% of the amount calculated by multiplying the corresponding year’s operating income rate by the corresponding year’s operating income rate, and shall be the amount that is rounded off to the minority; and (d) the reasoning of the judgment of the plaintiff and the Defendants, which are particularly emphasized in the trial, are the same as the ground of the judgment of the court of first instance, except for the addition of the judgment as described in paragraph (2) below. Therefore

2. The addition;

A. Defendant C and D’s assertion regarding Defendant C and D’s employer liability did not recognize Defendant C and D’s solicitation or instruction as a single criminal act committed by Defendant B, and Defendant C and D cannot expect supervision over Defendant C and D’s Internet comments comments. Thus, Defendant C and D’s employer liability is not recognized.

The purport of Article 756 of the Civil Act is, in principle, an act that belongs to the scope of employee's duty, or an act that appears to fall within the scope of duty after observing it in the appearance of an employee's duty (see, e.g., Supreme Court Decision 84Meu979, Aug. 13, 1985). An employer or a supervisor of affairs on behalf of an employer shall not be liable for damages in cases where the employee has paid due attention to the appointment of an employee and supervision of affairs or causes damage to an employee with due care, but such circumstances must be asserted and attested by the employer, etc.

(See Supreme Court Decision 97Da58538 delivered on May 15, 1998, etc.). We examine the following: (a) there is no dispute between the parties; (b) evidence Nos. 1 through 14; and (c) evidence Nos. 1 through 3. The whole purport of the pleadings is to be taken into account.

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