logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.03.10 2015나8404
손해배상
Text

1. The plaintiff's appeal and the claim added in the trial are dismissed, respectively.

2. The appeal cost is incurred by a claim and addition of the appeal cost;

Reasons

1. The grounds for the court’s explanation concerning this case are as follows, except the reasoning for the court’s determination on the additional claim in the trial, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that the judgment of the claim added in the trial is liable for damages, since the defendant disclosed the plaintiff's occupational secrets to C and E as stated in the grounds for the claim, thereby causing property damage to the plaintiff.

The defendant, who is appointed as the plaintiff's defense counsel, recommended the plaintiff in the detention house to write a letter (No. 1-1 of the evidence A) about C, and delivered a copy of the above letter and the protocol of interrogation of the plaintiff to C, constitutes a tort against the plaintiff.

Even if the evidence submitted by the plaintiff alone is insufficient to deem that the plaintiff suffered property damage due to the defendant's above act, and there is no other evidence to acknowledge it.

In addition, as alleged by the Plaintiff, the Defendant recommended the Plaintiff located in the detention house to prepare a payment note (No. 1-2) for E, as alleged by the Plaintiff.

Even if the above act alone cannot be seen as a tort committed by the defendant, and it is not sufficient to view the damage of the plaintiff as a damage in proximate causal relation with the defendant's tort, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion added in the trial is without reason to examine the remainder.

3. Accordingly, the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit, and the plaintiff's claim added in the court of first instance is also dismissed as it is without merit. It is so decided as per Disposition.

arrow