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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. The grounds of the judgment of the court of first instance, which cited paragraphs 1, 2, and 3-A, and 2, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, by adding the following reasons.
The defendant asserts with respect to the plaintiff's breach of trust in relation to K corporation as follows.
In other words, after establishing K Co., Ltd., around July 2015, the Plaintiff entered into a contract with K Co., Ltd. to provide Cms installation, maintenance, and repair services to L Co., Ltd. (hereinafter “L”) and to receive KRW 1,000,000 per month in return, and provided Cms owned by the Defendant Co., Ltd. to L, and this constitutes breach of trust for the Plaintiff’s private interest.
Article 4(2) of the News Content Business Agreement (B9-1) provides that “The Defendant Company may directly prepare, edit, and distribute articles by connecting to the Defendant Company’s content management system (Cms) so that it can smoothly carry out the work prescribed in the preceding paragraph,” and that there was a need to link ms used by the Defendant Company with cms according to the aforementioned news content business contract, and that the cost of installing and maintaining and repairing cms received from L is an individual cost of business activity in connection with cms provided by H with cms and Defendant Company’s cms. In light of the following circumstances, it is difficult to readily conclude that the Plaintiff without the Defendant Company’s permission to engage in cms breach of trust.
The defendant's above assertion is without merit.
C. As to the part of the claim for retirement allowances, the nature of the first retirement allowance and the duty to pay it.