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(영문) 서울고등법원 2016.11.25 2016나2000491
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendants (including the Plaintiff-Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells various kinds of fruit products. Defendant A entered the Plaintiff on March 22, 199 and joined the Plaintiff on June 1, 2009 to August 10, 2013, the Plaintiff’s business office affiliated with C (hereinafter “D business office”).

(2) In the event that Defendant A incurred any loss to the Plaintiff due to a reason attributable to the Plaintiff while performing his/her duties while on November 28, 2012, Defendant B entered into a contract for guaranteeing personal identity (hereinafter “contract for guaranteeing personal identity of this case”) with Defendant A, jointly and severally with Defendant A, to bear all civil responsibilities for the warranty period, with the guarantee period set between Defendant A’s Dong-ro, and the Plaintiff on November 28, 2012.

B. The Plaintiff’s employee’s shipment procedure for the goods is that the Plaintiff’s employee received orders from the customer in charge and delivered the goods from the Plaintiff as ordered. The Plaintiff’s employee paid a personal PDA device to the business employees and made them recorded in the PDA device at the time of release of the goods, thereby having an electronic inventory and actual inventory coincide with that at the time of release. (2) The Plaintiff’s employee, upon receipt of orders from the customer, prepared a “statement of release” stating the type, quantity, etc. of the goods to be taken out of the PDA device and submitted it to the general manager of the business office.

The general affairs of the place of business shall confirm the specifications of the shipment and determine the shipment of the goods stated in the specifications of the shipment through the relevant PDA terminal.

With the confirmation of factory release, the goods of the plaintiff warehouse are reduced electronically, and at the same time the goods are changed to the vehicle inventory of the business employee (referring to the inventory kept on the business vehicle of the business employee).

If such goods are entered into the inventory of his/her own vehicle by computer, the business operator shall actually remove the goods from the warehouse of his/her place of business and load them into the business vehicle.

3. The plaintiff's 3 business employee shall include the vehicle inventory according to the order.

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