손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Judgment as to the main claim
A. On August 2006, Defendant C, the gist of the Plaintiff’s assertion, told Defendant C, who was the representative director of the Plaintiff, at the construction site of the dormitory of the Plaintiff’s school operated by the Defendant corporation, and the fact, despite the Plaintiff had no intent or ability to repay the materials cost, the Plaintiff deceivings the Plaintiff by saying, “When the Plaintiff paid the materials cost, etc. for the remainder of the construction, such as the stable construction, which was incurred due to typhoons, it was almost completed due to typhoons, and it did not undergo a completion inspection on the wind.” Meanwhile, Defendant C, who received the completion inspection on the part of the Plaintiff, would receive the compensation from the Gun after
Accordingly, although the Plaintiff paid the price of materials and wages of the parts for the dormitory construction work and the package construction of the above D School (hereinafter “instant construction”), the Plaintiff suffered damages equivalent to the amount of money paid by the Defendant, as it did not receive it from the Defendant.
Defendant C’s act constitutes a tort committed against the Plaintiff by fraud, and Defendant C’s act of deceiving the Plaintiff for the instant construction work constitutes an act of causing damages to another person in connection with his duties by the representative of a legal entity under Article 35(1) of the Civil Act.
Therefore, the Defendants shall jointly and severally pay the remainder of KRW 26,028,500 ( KRW 33,028,500-7,000), excluding the remainder of KRW 7,000,000 already paid by the Defendants, from among the Plaintiff’s damages amounting to KRW 33,028,50,000, and damages for delay.
B. It is insufficient to recognize that Defendant C committed a fraudulent act against the Plaintiff only with the statement of evidence No. 1 attached thereto (the appellate court rendered a judgment of not guilty on June 25, 2014 from the appellate court (the Changwon District Court 2013No2571) of the fraudulent case against Defendant C, and the judgment of the above appellate court became final and conclusive upon the Supreme Court’s dismissal of appeal on December 24, 2014).