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(영문) 광주지방법원 2019.06.13 2018나57994
손해배상(기)
Text

1. The part against Defendant Educational Foundation E among the judgment of the first instance is revoked, and the part is revoked.

Reasons

1. The reasoning of the judgment by the court concerning this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. According to the above facts of recognition as to the claim against Defendant D, Defendant D is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 3, 2018 to the date of complete payment, which is the day following the delivery of a copy of the complaint in this case, to Plaintiff C, and to pay damages for delay calculated at the rate of 43,000,000,000, to Plaintiff C as damages for delay.

3. Determination as to the claim against the defendant school foundation

A. 1) The purport that an employee’s unlawful act, which is an element for an employer’s liability under Article 756 of the Civil Act, is an objective element for an employer’s liability. When an employee’s unlawful act appears to be objectively related to an employer’s business activity or performance of business, it shall be deemed an act performed without considering the offender’s subjective circumstances. Whether it is objectively related to an employee’s performance of business should be determined by considering the degree of the employee’s inherent duty and tort, and the degree of the employee’s inherent duty and tort, as well as the degree of the employer’s responsibility for creating risks and preventing losses (see, e.g., Supreme Court Decisions 92Da25939, Sept. 22, 1992; 97Da16572, Oct. 10, 197). If an employee intentionally committed an harmful act to another person, the act should be objectively related to the employee’s act of performing his/her business in time and place close to the employer’s business, and in whole or in part, the employee’s motive related to his/her work.

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