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(영문) 부산지방법원 2018.01.11 2017가단300653
손해배상(기)
Text

1. The Defendants jointly share KRW 8,000,000 to the Plaintiffs, as well as the year from October 13, 2015 to January 11, 2018.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) discontinues to engage in F cleaning services, and imports and distributes G cleaning equipment, and Defendant E is the internal director of Defendant D’s representative.

B. Plaintiff A and B established Plaintiff C (hereinafter “Plaintiff C”) after retired while serving as Defendant D’s employee, and Plaintiff C imported and distributed the F cleaning machine.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. On October 13, 2015, Defendant E’s assertion of the Plaintiffs, by pointing out false facts, such as “A and B have a total of 62 Internet pages, including Defendant D’s official tables, which include “F cleaning machine imported and distributed by Plaintiff C is very weak for the main body and heading 9% of the main body and heading connections. At present, Plaintiff C, who is currently importing and distributing F cleaning machine, has stolen Defendant D’s external expenses known to Plaintiff A and B as an employee of Defendant D, thereby impairing the Plaintiffs’ reputation, and interfered with Plaintiff C’s business of selling the F cleaning machine by spreading false facts.”

Defendant E, as the internal director of Defendant D’s representative, caused damage to the Plaintiffs by the aforementioned unlawful act. As such, the Defendants jointly and severally liable to compensate the Plaintiffs for KRW 44.5 million (i.e., all expenses incurred by the Plaintiffs in importing the F cleaning machine, promotional expenses, and all expenses incurred in selling, and property damage amounting to KRW 34.5 million).

3. Determination

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each of the statements in No. 15-3, No. 16, No. 25-1, and No. 2, No. 15-2.

1) H Co., Ltd. (hereinafter “H”)

(2) Defendant E, as an agent of the trade name “I”, has imported the F cleaning machine as a total board and closed the business after the representative director’s suicide, etc. in around 2014.

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