(영문) 대전지방법원논산지원 2015.04.23 2014가단21345

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Reasons

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자간(%)

(영문) 대전지방법원논산지원 2015.04.23 2014가단21345

손해배상(기)

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1. The Defendant’s KRW 35,00,000 as well as 5% per annum from December 25, 2014 to April 23, 2015 to the Plaintiff.

Reasons

Basic Facts

A. On September 21, 2009, the Plaintiff opened a clock room (hereinafter “instant clock room”) with the trade name “D” in Seoul Gangnam-gu Seoul C building 201, and employed the Defendant as an employee around that time.

B. At around 04:00 on September 30, 2009, the Defendant laid off E, a senior computer business operator of this case, as the scam of this case, and took place as if the Defendant was the business owner of the scam of this case, and sold a total of 33 million won computer and monitoring 38 million won at the market price of the Plaintiff, which was installed in the scam of this case, to 9.3 million won, and had E remove this and let E load onto the truck.

C. On April 6, 2010, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for larceny and the judgment became final and conclusive on August 17, 2010.

[Ground of recognition] The above facts are examined as follows: Gap evidence Nos. 1, 2, and 6 and the purport of the entire pleadings are as follows. The defendant committed a tort that steals a total of 38 years olds with computers owned by the plaintiff. Thus, the defendant is liable for damages suffered by the plaintiff.

According to the scope of liability for damages and the fact of recognition as above, the Plaintiff suffered property damage equivalent to the market price of the computer and monitor 38 sets due to the Defendant’s tort, and thus, the amount of damages that the Defendant is liable to compensate to the Plaintiff is 30 million won.

The Plaintiff asserts that the Defendant’s tort of this case led to the closure of the instant scambling, and that the Defendant was well aware that the Plaintiff could not operate his business if he steals his computers and monitors, and thus, the Defendant is obligated to compensate for the business loss of 15 million won that the Plaintiff sustained as a result of the closure of the instant scambling.

However, due to the Defendant’s tort, the Plaintiff’s business losses incurred by closing down the instant scambling.

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