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(영문) 대구지방법원 2019.05.03 2018가합203399
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From October 7, 1983 to April 22, 2017, E worked at Defendant B Hospital. From May 11, 2015 to October 31, 2016, E worked as the head of the nutrition team team, and from November 1, 2016 to April 21, 2017, E worked as the employee of the customer support team.

B. The plaintiff is the new opinion of the G church located in Daegu Jung-gu, where E is the head of office, and the defendant C is the spouse of the E and the defendant D is the father of the E.

C. From July 11, 2016 to November 14, 2016, “E may pay high-income dividends to the Plaintiff at its own office on the first floor of the H building in Defendant B Hospital or at the first floor room underground of this Sub-section,” and the Plaintiff entered into a contract for the entrusted operation of Defendant B Hospital staff restaurant or parking facility, and the affiliated company acquired KRW 1,00,000,000 in total from the Plaintiff on six occasions in total as investment money.

(hereinafter “instant tort”). D.

E was sentenced to seven years of imprisonment on November 24, 2017 due to a violation of the Act on the Punishment, etc. of Specific Economic Leave (Fraud), and the appeal was rendered on March 22, 2018 (Tgu High Court 2017Gohap292, 419). However, the appeal was rendered on March 22, 2018 (Tgu High Court 2017No608), and the second appeal was made on May 11, 2018, but the said judgment became final and conclusive as it was upon dismissal of the appeal.

(Supreme Court Decision 2018Do5149). [Reasons for Recognition] / [Grounds for Recognition] A; Gap evidence 1, 2, 4, and 5 (including branch numbers, if any; hereinafter the same shall apply); Eul evidence 2; and the purport of the whole pleadings

2. Determination as to the claim against Defendant B Hospital

A. The summary of the Plaintiff’s assertion 1) Defendant B Hospital is the E’s employer, and the E is the employer liable for the instant tort committed by deceiving the Plaintiff and deceiving the Plaintiff KRW 1,00,000. Therefore, Defendant B Hospital is the employer liable for the instant tort. Therefore, Defendant B Hospital is the Plaintiff: KRW 503,475,000 [=719,250,000 [the sum of the total acquired money (E - KRW 1,80,750,000] - Defendant B Hospital’s total amount of damage reimbursement - KRW 280,750,000] x 70% of the liability ratio of Defendant B Hospital.

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