logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.09.23 2015가단527415
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 September 1, 2009 to August 31, 2014, Nonparty D engaged in the business of supplying food materials to restaurants in Jeonnam-ju area with the trade name “E”. The Plaintiff (representative D) comprehensively takes over the business of the above “E” from September 1, 2014, thereby running the above food materials supply business.

B. Defendant B from February 2010 to September 30, 2014, and Defendant C from February 201 to September 30, 2014 to September 30, 201, respectively, served as the “E” or the Plaintiff’s employee, and was in charge of delivery and collection of money from customers.

C. From October 2014, Defendant B is an employee of Defendant C and is engaged in the business of delivering freezing fishery products, etc. in the name of “F” in the Gwangju Mine District.

The representative of the Plaintiff filed a complaint against the Defendants on the ground that “the Defendant caused damage to the Plaintiff’s credit by falsely expressing that the Defendant acquired E, or by showing their price lists, thereby causing the Plaintiff’s transaction defect.” On April 29, 2015, the Prosecutor: “The Defendant secured an independent customer while working for a long time in E; the decision to change the customer compared with the goods supplied and the prices thereof was made by the president of the customer; and the method of selling, maintaining, and collecting money by securing the individual customer; on the ground that it cannot be deemed that the business partner intentionally slandered E or damaged credit.”

[Ground of recognition] The fact that there is no dispute, Eul's statement of No. 1, and the purport of whole pleading

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion (1) along with the duty to provide labor under the labor contract to the Plaintiff, the Defendants bear the duty to prohibit the competition and the duty to maintain confidentiality, and the Defendants are bound to contact with the Plaintiff, who had taken over E prior to his retirement.

arrow