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(영문) 서울동부지방법원 2018.06.07 2017가합104062
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) are companies running the business of providing accounting programs used in child-care centers, and the Defendant A is the managing director of the Defendant Co., Ltd.

B. On August 9, 2016, Defendant A was sentenced to ten months of imprisonment with prison labor for the crime that: (a) through C, from April 29, 2013 to April 30, 2013, Defendant A attacked D and E on the Plaintiff’s information and communications network from June 6, 2013 to June 8, 2013, thereby causing disability; (b) at the same time, Defendant A instigated the Plaintiff to interfere with the Plaintiff’s management of accounting system for childcare centers.

(Supreme Court 2015No2830). (c)

Defendant A appealed against the above judgment. On December 1, 2016, the Suwon District Court reversed the above judgment and sentenced eight months to imprisonment on the grounds of unreasonable sentencing (U.S. District Court 2016No5562), and the above judgment became final and conclusive on December 15, 2016.

(hereinafter referred to as “related criminal case”). D.

In the relevant criminal case, Defendant A deposited the Plaintiff as the principal deposit and deposited the Plaintiff’s KRW 10 million on September 8, 2016, and KRW 20 million on November 24, 2016 (hereinafter “instant deposit”). The Plaintiff received the instant deposit money.

[Ground for recognition: Unsatisfy, Gap evidence 1, 2, Eul evidence 3 (including paper numbers; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion is that Defendant A is obliged to pay KRW 212,240,327, which is the sum of KRW 102,240,327 due to the termination of the contract between the Plaintiff and the customer of a child care center, and KRW 60,00,000, and KRW 50,000,00, and KRW 212,240,327, which is the sum of KRW 50,00,00,00, and KRW 212,240,327, as compensation for mental damage, and the Defendant Company is the employer of the Defendant A, who is the employer of the Defendant and the Plaintiff.

B. The Defendants’.

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