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(영문) 서울중앙지방법원 2015.03.27 2013가합552660
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an individual company from around 1982 to run a business with a trade name “D”.

around May 2010, the Defendants were employed by the Plaintiff and worked in D’s Suwon Branch, and received funds from the Plaintiff and took full charge of the operation and business of D’s Suwon Branch.

B. The Defendants retired from D around May 2013, and around that time, entered D’s business partners, and began to work in E’s Korean legal entity.

[Ground of recognition] Facts without dispute, Gap evidence 7-1 to 42, Gap evidence 9-1 to 8, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendants asserted as follows: ① returned the Plaintiff Company’s mobile phone for a two-month period; ② opened the aforementioned mobile phone number and the subsequent four-party mobile phone number, and applied for a new mobile phone call service to the previous mobile phone; thereby preventing the Plaintiff from entering into a transaction equivalent to KRW 3,293,608,530, which is equivalent to 12% of the above transaction amount; ② caused damages equivalent to KRW 395,233,023, which is equivalent to the above transaction amount; ② when D receives orders from affiliates of the Hyundai Asian Group, it was used by Hyundai Asia Group, to change the Plaintiff’s mobile phone number and its new mobile phone number without permission after leaving the said mobile phone; and thereby, caused the Plaintiff to suffer damages from Hyundai Motor Vehicle’s new mobile phone number and its previous mobile phone number to be changed to 3,293,530,000 won; and ② the Plaintiff’s order from Hyundai Motor Vehicle’s 29,2985,298,298.25.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the sum total of the above damages, KRW 494,272,601, and damages for delay.

B. Determination A.

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