공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the plaintiff's assertion
A. In-house directors C Co., Ltd. (hereinafter “C”) D are engaged in metal hold business at the time of harmony, and around 2008, under the direction of the Defendant, the representative director of E Co., Ltd. (hereinafter “E”), the E Co., Ltd. (hereinafter “E”), the office director of E Co., Ltd. (hereinafter “E”), and did not receive construction cost of KRW 23,00,000 from E.
B. On February 8, 2009, the Defendant drafted a letter of commitment to pay the said money on behalf of E on May 30, 2009.
C. On June 16, 2013, the Plaintiff transferred the above claim against the Defendant by C.
Since the defendant, as the representative director of E, promised to pay the above money in the course of performing his duties and did not perform so, the defendant has a duty to pay the above money jointly and severally with the company pursuant to Article 210 of the Commercial Act.
2. In full view of each of the statements in Gap evidence Nos. 1 and 3, it is recognized that the defendant prepared a letter of commitment on behalf of the representative director E to pay the unpaid construction cost on February 8, 2009 on behalf of the above company, and that the plaintiff acquired the above claim.
Where the representative director of a stock company causes damage to another person by intention or negligence in the course of performing his/her duties, the stock company shall be liable for damages to a third party pursuant to Articles 389(3) and 210 of the Commercial Act, and the representative director shall also be liable for joint tort with the stock company pursuant to Article 750 of the Civil Act or Articles 389(3) and 210 of the Commercial Act (see Supreme Court Decision 2012Da116307, Apr. 11, 2013). In general, where the representative director of a stock company and the representative director act on behalf of the company in connection with their duties on behalf of the company, the rights and duties arising from the transactional relation are attributed to the company, but are not attributed
However, the above provisions of the Commercial Act shall have duties of the representative director.