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(영문) 서울서부지방법원 2015.11.26 2014가합34805
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) A are jointly and severally with the Defendant (Counterclaim Plaintiff) and the Defendant B are jointly and severally with the Defendant (Counterclaim Plaintiff).

Reasons

Basic Facts

The plaintiff is a company that manufactures and sells the Class A.

Defendant A joined the Plaintiff on March 22, 199 and served as a business employee from June 1, 2009 to August 10, 2013 at the D’s business office affiliated with the Plaintiff’s C branch (hereinafter “D business office”).

On November 28, 2012, Defendant B entered into a contract for fidelity Guarantee (hereinafter “instant contract for fidelity Guarantee”) with Defendant A to assume all the civil responsibilities jointly and severally with Defendant A in the event that Defendant A incurred damage to the Plaintiff due to a cause attributable to the Plaintiff while performing his/her duties while in service (hereinafter “instant contract for fidelity Guarantee”).

Plaintiff

Procedures for the shipment of goods by business operators shall be as follows:

Plaintiff

A business member shall take out goods from the plaintiff and deliver them as ordered by the business partner in charge of the transaction.

The plaintiff shall pay personal PDA terminal to the business members and have them recorded in the PDA terminal when the goods are taken out, so that the electronic inventory and actual inventory are in accord with each other.

Plaintiff

Upon receipt of an order from the customer, the business operator shall prepare a "ex-post statement" stating the type, quantity, etc. of the goods to be taken out of the PDA terminal and submit it to the general manager of the place of business.

The general affairs of the place of business shall confirm the specifications of the shipment and determine the shipment of the goods stated in the specifications of the shipment through the relevant PDA terminal.

With the confirmation of factory release, the goods of the plaintiff warehouse are reduced electronically, and at the same time the goods are changed to the vehicle inventory of the business employee (referring to the inventory kept on the business vehicle of the business employee).

If such goods are entered into the inventory of one's own vehicle by computer, the business employees shall actually remove the goods from the warehouse of the business place and load them into the business vehicle.

A business member shall sell a vehicle inventory to an individual customer according to the order, and the trade name of the customer who sold the vehicle.

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