The meaning of "with respect to the performance of affairs"

The term "in relation to the performance of duties" under Article 756 of the Civil Code includes not only an employer's own or other acts necessary for the performance of duties, but also an act in relation to this, and also an act that an employee has abused his authority to make a objection but also belongs to the scope of duties of an employee.

Article 756 of the Civil Act

Supreme Court Decision 65Da825 Delivered on October 21, 1966

The number of attorneys-at-law in charge

Substitute Securities Co., Ltd., Ltd., Counsel for defendant-appellee

Seoul High Court Decision 79Na1192 delivered on September 19, 1979

All appeals are dismissed.

The costs of appeal shall be assessed against each appellant.

(1) We examine the Plaintiff’s attorney’s grounds of appeal.

According to the court below's decision, since "the defendant company's business division caused credit transaction even though the customer's substitute securities are insufficient," the plaintiff's shares owned by the plaintiff in the central branch should be supplemented to the end of the year to use them to the main office for 2,30,000 won," it should have been examined whether the defendant company's own securities are transferred for normal purposes because it did not transfer the securities to the main office for 2,00,000 won, so it should not be seen as a transfer of the securities for normal purposes, so it should have taken measures to investigate whether the defendant company's own securities are transferred or not to manage the above non-party's personal misconduct. However, the plaintiff's negligence also caused the accident of this case by transferring the plaintiff's securities in response to the request of the above non-party, and the plaintiff's negligence also caused the accident of this case. Thus, considering this, the amount of damages suffered by the plaintiff to be compensated for to the plaintiff shall be 5,000,000 won, and the plaintiff's negligence should not be considered.

Unlike the facts duly admitted by the lower court, the argument is without merit in the view that is premised on the fact that the Plaintiff did not have any negligence on the part of the Plaintiff.

(2) We examine the grounds of appeal by the Defendant’s attorney.

According to the reasoning of the judgment of the court of first instance cited by the court below, the non-party company is the defendant securities company, and the non-party company transferred the plaintiff's shares to the old account established under the above non-party's name by deceiving the plaintiff and selling all the above shares, and thereby appropriating damages to the defendant company. "The non-party's execution of its affairs" under Article 756 of the Civil Act includes not only the employer's own business or necessary acts, but also acts in considerable relation to them. Further, the non-party company's act of abusing its authority within the scope of the non-party's business without the intention to promote the profit, should be included in the case where it is presumed that the non-party's act of taking advantage of the above shares as a whole belongs to the non-party's business's non-party's business's non-party's business's non-party's non-party's non-party's business's non-party's non-party's non-party's non-party's business's non-party's non-party's non-party's business's non-party's non-party's business's non-party's non-party's fault.

Therefore, all appeals filed by the plaintiff and the defendant are dismissed for any reason or without merit. The costs of appeal are assessed against each appellant. It is so decided as per Disposition by the assent of all participating judges.

Justices Presiding Justice (Presiding Justice)