Cases that determine the liability and amount of damages only on the basis of the defendant's act committed by an incidental act upon the request of the plaintiff's employee despite the plaintiff's act of causing the loss to his employee.

The main cause of the loss is to judge the liability for damages and the amount on the basis of only the act of the defendant's employee who committed an incidental act upon the request of the plaintiff's employee even though the plaintiff's employee had committed the act.

Korea

The National Agricultural Bank of Korea, Inc., the litigation of the Agricultural Bank

Seoul District Court Decision 4294 civilian Gong1685 delivered on December 5, 1962, Seoul High Court Decision 4294Na1685 delivered on December 5, 1962

The original judgment is reversed, and the case is remanded to Seoul High Court.

The grounds of appeal Nos. 1 and 2 by the defendant's attorney are examined.

The original judgment is based on evidence that: (a) Nonparty 1, who was the head of branch office of the Daejeon District Office at the time, did not follow the original distribution method; and (b) did not pay the fertilizer directly from the consignees; (c) requested Nonparty 2, who is an employee of the defendant at the time of the issuance of the loan to the defendant (hereinafter “FFF branch office at the time”), and made him prepare receipts (i.e., evidence No. 1-4) by stealing the seals or privates of the head of the Seosan branch office at the time of the issuance of the loan; and (d) Nonparty 2, who had the head of the branch office at the time, failed to comply with the original distribution method; and (d) decided that the Plaintiff’s act of embezzlement of the non-party 1, 954 won as to the non-party 2’s liability for damages should be determined based on the reasoning that the Plaintiff’s act of embezzlement of the non-party 2, who was an employee of the Daejeon District Office, should not be held liable for damages due to the non-party 1’s act.

Therefore, the original judgment is reversed, and the case is remanded to the Seoul High Court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The judges of the Supreme Court (Presiding Judge) Cho Jin-man (Presiding Judge) and Lee Jong-man (Presiding Justice)