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(영문) 서울고등법원 2015.02.13 2014나30409
손해배상(기)
Text

1. The plaintiff's primary claim against the defendant A added in the trial is dismissed.

2. The judgment of the court of first instance is in the process of judgment.

Reasons

Basic Facts

The following facts are not disputed between the parties, or can be acknowledged by comprehensively taking into account the whole purport of the pleadings in the descriptions of Gap evidence 2 through 4, evidence 5-1, evidence 5-2, evidence 6-1, 2, evidence 13, evidence 14, evidence 15-1, 2, evidence 17, evidence 18, evidence 18, evidence 13 through 16, evidence 13 through 16, and evidence 48 through 51.

1) The parties’ relationship 1) Defendant A’s duty to work at the Plaintiff’s D’s D’s D’s place of business from June 1, 2003 to April 20, 2013 (hereinafter “instant goods”). Defendant A’s duty to work as a business employee and produced by the Plaintiff.

(2) On June 1, 2012, Defendant A entered into a contract for fidelity guarantee (hereinafter referred to as “instant contract for fidelity guarantee”) with the content that Defendant B is the father of Defendant A, and Defendant C is the wife of Defendant A. The said Defendants set the guarantee period two years between the Plaintiff and the Plaintiff, and Defendant A incurred any loss to the Plaintiff due to a reason attributable to the Plaintiff during the course of performing his/her duties (including any existing liability and other liability arising from transaction relations) (hereinafter referred to as “instant contract for fidelity guarantee”).

B. 1) The Plaintiff set the sales target of the instant goods for each place of business, and accordingly, the head of the sales office assigned monthly sales targets to each member belonging to the relevant place of business. The Plaintiff urged the sales employees to achieve the goal by differential payment of wages and sales promotion expenses according to the achievement rate of sales target and deposit rate of goods. 2) The Plaintiff’s sales employees, in order to achieve the sales target, shall not sell the instant goods to the customer and enter the sales of the instant goods only in the account book as if they were sold in the account book (market) or the Plaintiff’s deposit order was lower than 10 to 20%.

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