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(영문) 서울중앙지방법원 2012.10.19 2011가합21711
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff Company is a gene testing specialist who provides genetic testing services and other services to the national hospital and clinical center by using genetic molecular diagnosis techniques, etc. established on August 22, 2002. Defendant B (a) was employed as the vice president of Defendant E Co., Ltd. (hereinafter “Defendant E”) established by Defendant C from early January 2009, and worked as the vice president of Defendant E Co., Ltd. (hereinafter “Defendant E”).

3) Defendant C is Defendant D Co., Ltd (hereinafter “Defendant D”) from around 2002 to October 2009.

(2) On January 2, 2009, when working as the representative director of the Plaintiff Company, Defendant B established Defendant E and worked as the representative director at present. (2) around August 2008, Defendant C commenced negotiations to merge with the Plaintiff Company with F, the representative director of the Plaintiff Company, and Defendant C was willing to take over capital equivalent to KRW 100 million separately from the Plaintiff Company’s main business division on November 2, 2008, and Defendant B was willinged to take over capital gains and deficit level of the Victim Company F, which was so serious that the latter would take over capital gains and deficit level of the Plaintiff Company’s main business division of the Plaintiff Company. On December 12, 2008, Defendant B arranged G, the deputy head, H, the deputy head and Defendant C, and Defendant C’s full-time vice head, who are the senior officers of each business division of the Plaintiff Company’s main business division.

2) Defendant B, around December 20, 2008, recommended the employees of the main office of the Plaintiff Company to retire from the Plaintiff Company and to resign from the Plaintiff Company to Defendant E who is scheduled to establish the Plaintiff Company. Defendant B demanded F to prepare a written commitment of permission of severance from employment to the effect that he/she should receive unemployment benefits even. Defendant B, including the staff J of the main office of the Plaintiff Company, retired from the Plaintiff Company on January 2009, and demanded F to receive a written commitment of permission of severance from F as of December 31, 2008 from F on January 31, 2008.

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