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(영문) 서울중앙지방법원 2021.01.21 2019가합548670
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff is a stock company aimed at the development and distribution of software. The Defendant is the Plaintiff’s director from October 1, 2008 to March 18, 201, from March 18, 2011, served as the Plaintiff’s internal director from March 18, 201, and the Plaintiff’s implementation of a project to reconstruct the comprehensive audit information system of banks and D organizations from August 2017 to July 2018 (hereinafter “project in this case”). The Defendant, as a general manager, is not in dispute between the parties.

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff’s director, as a general manager of the instant project, requested the Plaintiff to perform matters that were irrelevant to the original contract, etc., shall report to the Plaintiff in advance and, if necessary, whether to accept the request, and whether to receive the additional number of employees, he voluntarily received the request from C Bank without reporting to the Plaintiff, and thereby, the Plaintiff increased the number of additional employees to KRW 3,31,081,00 from KRW 2,962,00,00 whose labor cost for the instant project was originally planned.

In addition, the defendant did not perform his duty to report the entire end to the plaintiff after the completion of the project of this case.

The Defendant is obligated to pay the Plaintiff damages for delay (=3,31,081,000 won - 2,962,069,000 won) due to damages arising from such breach of duty, and the Defendant is obligated to pay damages for delay.

B. In light of the following circumstances, which acknowledged the overall purport of the pleadings in the evidence Nos. 1 through 3 as follows, the evidence submitted by the Plaintiff alone, without reporting to the Plaintiff, invested the additional personnel in the project of the instant case, or violated the Plaintiff’s internal director or the general manager of the project of the instant case.

Unlike the lack of recognition.

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