(영문) 서울중앙지방법원 2020.10.16 2019가합548656

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(영문) 서울중앙지방법원 2020.10.16 2019가합548656

손해배상(기)

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaging in the business of developing and selling software. 2) The Defendant is a person who served as a Plaintiff’s intra-company director from August 9, 2012 to August 9, 2018.

B. The Plaintiff’s business receipt of orders for the establishment of a financial transaction detection system, etc. (1) The Plaintiff is a stock company C (hereinafter “C Bank”) around May 2015.

(1) The Financial Transaction Detection System (hereinafter referred to as “instant system”)

2) A project for the establishment of the project (hereinafter referred to as “instant project”).

(2) The Plaintiff was expected to have earned approximately KRW 11,620,001 (i.e., estimated sales amount of KRW 389,60,001 (i.e., estimated sales amount of KRW 377,980,00) and approximately 2.98% (amount of KRW 377,980,00) out of expenditure amount at the time of ordering the instant project.

3) From May 2015, the Plaintiff started the instant business and completed the instant business around November 2015. During that process, the Plaintiff spent KRW 482,160,000, more than the initially anticipated KRW 236,730,000 in terms of personnel expenses. [The fact that there is no dispute over recognition, and the purport of each of the entries and arguments in subparagraphs A1 through 3, as well as the purport of the entire pleadings.]

2. The summary of the Plaintiff’s assertion is the Plaintiff’s director and the general manager of the instant project, and the Defendant reported important matters in the course of performing the instant project to the Plaintiff, and there was a duty of care or loyalty to complete the instant project within the business period.

However, due to the error in the instant system, there was a need for additional personnel to correct the error, and further, the Defendant promised to provide C Bank with additional programs development and installation services not specified in the instant project without the Plaintiff’s prior consent, and disbursed additional personnel expenses to perform the said service.

Therefore, the defendant is due to the defendant's violation of duty of care or duty of loyalty.

유사 판례

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