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(영문) 인천지방법원 부천지원 2018.02.14 2017가단107379
손해배상(기)
Text

1. The Defendant jointly with the Plaintiff KRW 40,000,000 and its interest shall be annually from June 13, 2017 to February 14, 2018.

Reasons

1. Facts of recognition;

A. E worked as a driver of a vehicle driving vehicle in the G Taekwondo Institute located in the G Taekwondo Institute in Bupyeong-siF operated by the Defendant.

B. On September 30, 2016, E was indicted as a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Act on the Punishment of Sexual Crimes and the Protection of Victims) (Act on the Punishment of Sexual Crimes (Act on the Punishment of Sexual Crimes and the Protection of Victims) (Act on the Punishment of Sexual Crimes) under the 2016 large-scale298 and was sentenced to six years of imprisonment on April 28, 2017, and E appealed against the above decision.

C. Meanwhile, the Plaintiff filed the instant lawsuit with the co-defendant, but on September 14, 2017, concluded conciliation to pay KRW 33,000,000 to the Plaintiff on the first conciliation date.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Occurrence of liability for damages;

A. The phrase “in relation to the performance of an employee’s business,” which is an element for an employer’s liability under Article 756 of the Civil Act, means that if an employee’s unlawful act objectively appears to be objectively associated with the employee’s business activities, performance of business affairs, or performance of business affairs, without considering the offender’s subjective circumstances. In a case where the employee intentionally committed an harmful act against another person based on the employee’s intent, the employee’s act is not itself, but rather, in relation to the employee’s business affairs, at the time and location of the employer’s business, and is in close vicinity to the employee’s business in whole or in part, or in a case where the motive for the harmful act is related to

(b)in this case.

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