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(영문) 대구지방법원서부지원 2020.10.14 2019가단6885
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in elevator maintenance and repair services, and the Defendant served as the Plaintiff’s employee from August 23, 201 to July 19, 2019.

B. On May 2, 2019, at around 11:40, the Defendant: (a) placed a mastt (a machine confirming and diagnosing operational data on the operation of an “E” model elevator produced in D; hereinafter “the instant masttttt”) owned by the Plaintiff for the safety inspection of the elevator of the Daegu-gu Office C Building (hereinafter “CB”) and moved the mastmt to another site without correcting the door of the said mechanical room.

C. Around May 3, 2019, the representative F of the Plaintiff’s representative director: (a) went to the machinery room to recover the instant marina, but did not find the instant marina.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is an employee in the position of the director of the plaintiff company who neglected his duty of care to keep the dispute of this case so that it may not be stolen or lost, and thus, caused damage to the plaintiff by losing the dispute of this case. Thus, the defendant is entitled to claim against the defendant for the payment of KRW 45,00,000 and damages for delay equivalent to the value of the dispute of this case.

B. Determination 1) On May 2, 2019, around 11:40, the Defendant: (a) posted the instant Magumbrost to the control tower room; (b) moved to another site without correcting the door of the said mechanical room; and (c) from around that time to the next morning, the fact that the instant Magumt was lost from the said mechanical room was recognized; (b) however, it can be seen by the respective entries and arguments in the evidence No. 1-1 to 3, and No. 2.

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