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(영문) 부산지방법원 2018.11.07 2017나57004
손해배상(기)
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

Defendant 2.

Reasons

1. Facts of recognition;

A. The Plaintiff, under the trade name of “F,” is a person engaged in the processing of fishery products, the freezing warehouse business, etc., and the network E (hereinafter “the network”) is a person employed from April 20, 2008 to February 17, 2017 by the Plaintiff and was in exclusive charge of the work of entering and withdrawing frozen fishery products in F.

On March 15, 2017, the deceased died on March 15, 2017, and there are Defendant C and D, who is the spouse as the property inheritor.

The Defendants were paid KRW 13,129,360 as retirement allowances of the Deceased on April 10, 2017 by the Plaintiff.

After the deceased died, the Plaintiff found that the fishery products owned by G Co., Ltd. (hereinafter “G”) that were kept in freezing storage had already been over the expiration date. G discarded the fishery products equivalent to KRW 23,655,744 with the expiration date, and filed a claim for damages against the Plaintiff on May 31, 2017. Accordingly, the Plaintiff set off the claim for the rental fees and storage fees against G as the automatic claim against the Plaintiff.

On June 14, 2017, the Defendants reported a qualified acceptance as the Busan Family Court No. 2017-Ma1895, and the above court rendered a judgment accepting it on September 11, 2017. 【Ground for Recognition】 The facts having no dispute, the entries or images of Gap’s No. 1, 4, 5, 7, 8, and 11 (including the virtual number), the witness H and I’s testimony, the fact-finding results and the purport of the whole pleadings and arguments.

2. The plaintiff's alleged deceased's failure to verify the distribution period of freezing fishery products in the course of performing his/her duties as his/her employee and caused the destruction of fishery products equivalent to KRW 23,655,744 and fishery products equivalent to KRW 11,586,30 that he/she purchased and kept, and thus, the defendants who inherited the deceased were liable to compensate the plaintiff for KRW 24,669,431, which is equivalent to KRW 70,00, out of the total share of inheritance.

(a) the occurrence of liability for damages;

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