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(영문) 부산지방법원 2018.11.16 2018나4021
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s assertion that he/she works as the Plaintiff’s employee from October 5, 2015, and the Defendant was unable to recover KRW 2,468,000 from trading without obtaining the Plaintiff’s approval, thereby causing a loss equivalent to the same amount to the Plaintiff. Since the Defendant agreed to compensate the Plaintiff for the said loss with the retirement allowances of the Plaintiff and the Defendant, it is obligated to compensate the Plaintiff for the said loss.

2. In full view of the following facts: (a) there is no dispute between the parties to the judgment; or (b) there is no dispute between the parties to the written evidence No. 1 and the purport of the entire pleadings, the Defendant’s employment as the Plaintiff’s employee; (c) the Defendant traded with Dorox Co., Ltd. from November 2015 to January 2016; and (d) the transaction amount on November 1, 2015 and December 12, 2015 was completed by receiving a normal payment, but the transaction amount on January 2016 was not received due to the bankruptcy of Dorox Co.,

According to the above facts, it is difficult to see that the defendant has traded with jukis Co., Ltd. without the plaintiff's approval, and it cannot be deemed that the damage equivalent to the amount of the transaction occurred to the plaintiff due to the defendant's unauthorized transaction.

In addition, as alleged by the Plaintiff, there is no evidence to support the fact that the Defendant agreed to pay the amount of the above transaction price to the Plaintiff as compensation for damages.

3. Thus, the plaintiff's claim shall be dismissed as it is reasonable.

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. It is so decided as per Disposition by the assent of all participating Justices.

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