1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 31,620. 620.

The plaintiff has worked for about 20 full-time workers as a company that conducts architectural design, supervision, etc.

From October 28, 2011 to December 31, 2015, the Defendant served as the design office head of the Plaintiff.

The work performed by the defendant is to draw up a design drawing within the office.

The defendant claiming that the plaintiff's claim is based on the main claim shall comply with the business guidelines of the plaintiff company, and shall report the status of design service to the representative director in advance, and the drawings, details, etc. shall be delivered to the ordering office after obtaining approval from the representative director.

Nevertheless, in the process of design service management, “C New Construction Corporation”, “D New Construction Corporation”, and “E-factory Extension Corporation”, the Defendant arbitrarily sealed the representative director’s seal impression without obtaining prior approval from the representative director, and sent it to the ordering office to the Plaintiff, thereby incurring loss of KRW 59,13,700 in total.

Therefore, the defendant should compensate for the damages.

Judgment

Where an employer suffers direct damage due to an illegal act or a default related to the performance of duties by an employee, the employer may claim damages against the employee only within the extent deemed reasonable in the principle of good faith in light of the nature and scale of the business, status of the facility, the details of the business, working conditions and attitude of the employee, causes and characteristics of the harmful act, the degree of employer's consideration for the prevention of the harmful act or the distribution of losses, and other circumstances.

(See Supreme Court Decision 95Da52611 delivered on April 9, 1996 regarding tort). In particular, considering the equitable apportionment of damages, benefits and working conditions of an employer through business, etc., the employee’s fault in the course of performing his/her duties, thereby causing damage to the employer.