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Reasons
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(영문) 울산지방법원 2018.08.30 2017나22254
손해배상(기)
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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The plaintiff's assertion

A. On June 17, 201 and September 19, 2011, the Defendant, upon receiving KRW 80 million from the Plaintiff that the Plaintiff would have been employed by the Plaintiff as D Co., Ltd., the Defendant returned KRW 50 million among the Plaintiff on September 5, 2013, and received the said money as a job placement expense by deceiving the Plaintiff that he would have been employed by the Plaintiff as Eportno.

B. The Defendant received KRW 40 million from the Plaintiff on September 10, 2013 and April 21, 2014 and paid to C, while having the Plaintiff promptly employed the Plaintiff as soon as possible.

C. Upon introducing C from the Defendant, the Plaintiff paid to C a total of KRW 50 million from February 17, 2015 to March 21, 2015, under the pretext of the Plaintiff’s E-port labor union mediation expenses, and C requested the Defendant to deliver KRW 50 million to the Plaintiff.

However, on April 1, 2015, the Defendant returned only KRW 15 million to the Plaintiff, and voluntarily consumed the remainder of KRW 35 million.

The Plaintiff introduced C from the Defendant, and accordingly, paid C totaling KRW 78 million from April 20, 2015 to May 19, 2015.

E. As such, the Defendant, alone or in collusion with C, acquired or embezzled a total of KRW 183 million from the Plaintiff (i.e., KRW 30 million in KRW 45 million in KRW 78 million in KRW), and even if not publicly recruited with C, by aiding and abetting the act of defraudation by C. Thus, the Defendant is liable to compensate the Plaintiff for the amount of KRW 183 million in damages incurred to the Plaintiff due to the tort.

2. Determination as to a claim for damages caused by a tort

(a) 1-a;

(b) the Commission;

D. In relation to the assertion, the Defendant deceivings the Plaintiff in relation to job placement, such as E-port labor union, or committed intentional tort in collusion with C, only with the descriptions of the evidence Nos. 14 to 19 and the testimony of the witness C of the party trial.

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