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(영문) 서울중앙지방법원 2021.01.21 2018가합576838
손해배상(기)
Text

Defendant B’s 5% per annum from April 20, 2018 to January 21, 2021 to KRW 9,950,000 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of corporate management consulting, corporate publicity, marketing, etc.

On October 17, 2016, Defendant B joined the Plaintiff and worked as the office at the digital marketing team as the head of office. On August 31, 2017, Defendant B left the office.

B. Defendant D Co., Ltd (hereinafter “Defendant D”) is a company established on June 23, 2017 for the purpose of planning, production, distribution, and related investment projects of motion pictures, promotion of motion pictures, and advertising planning agency business, etc. Defendant C is the representative director of Defendant D, and Defendant B is the inside-house director of Defendant D.

Defendant B is a shareholder holding 40,000 shares out of the total 160,000 shares at the time of establishment of Defendant D.

(c)

On August 17, 2017, Defendant B received a summary order of a fine of KRW 3 million in relation to the act of taking the victim’s written proposal from Defendant D to Defendant D for a formal trial.

On January 23, 2019, the Seoul Western District Court sentenced the conviction of a fine of KRW 3 million (Seoul Western District Court 2018, 675, Seoul Western District Court 2018).

Defendant B appealed in the above judgment, and the Seoul Western District Court, the appellate court, on June 15, 2020, appealed the above judgment, and on the ground that “The Defendant had occupational duties not to leak any major business assets acquired while working in the victim Company A, the Defendant violated his duties, and around August 7, 2017, the Defendant was requested by the victim Company E to operate SNS of brand called “F” to provide lectures to elementary and middle school students from E. In relation to the receipt of a request from the victim Company E, the Defendant made a tender with five employees of the victim Company and the victim Company for about one week, and then the Defendant, the appellate court, the appellate court, on June 23, 2017, carried out the above tender to submit the proposal under the name of the victim Company D, a corporation established around June 23, 2017, and delivered it to G of D.

Accordingly, the defendant needs to make D's proposal for the above bidding.

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