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(영문) 대법원 2015.08.27 2013다100460
손해배상
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. The phrase “in relation to the performance of affairs,” which is the requirement for an employer’s liability under Article 756 of the Civil Act, means that if an employee’s tort appears objectively to be related to the employee’s business activity, act of office performance, or act of office performance, it shall be deemed that the employee committed an act without considering subjective circumstances.

In this context, whether an employer is objectively related to the performance of business should be determined by considering the degree of the employee's inherent duties and illegal acts, the degree of the employee's responsibility for creating risks and lack of preventive measures against damages.

(2) In light of the legal principles as seen earlier, the lower court did not err by misapprehending the legal principles on the part of an employee, or failing to exhaust all necessary deliberations. In so doing, it did not err by misapprehending the legal principles on the part of an employee, as otherwise alleged in the ground of appeal. In so doing, it did not err by misapprehending the legal principles on the part of an employee, as otherwise alleged in the ground of appeal.

In such cases, the gross negligence refers to a situation in which the other party to the transaction was aware of the fact that an employee's act was not legitimate in his/her official authority if he/she had paid due attention, and it is deemed that the other party's act was significantly in violation of the duty of care required by the general public by believing that it was an act within his/her official authority and thus, the other party's act is considerably similar to the intention, and there is no need

In particular, transactions with financial institutions are different from regular financial transactions in light of the contents, methods of transactions, and the forms of documents used between the employee and the other party of the financial institution.

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