손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Facts of recognition
The Plaintiff filed a lawsuit against C (hereinafter “Nonindicted Company”) to the effect that wages of KRW 19,525,00 are paid to C (Seoul Central District Court 2015Da7574), and on November 18, 2015, the Plaintiff was sentenced to full winning judgment and became final and conclusive around that time.
The non-party company did not perform its obligation to the plaintiff until the date of the closing of the argument in this case.
The defendant is the representative director of the non-party company.
[Ground for recognition] Each statement in Gap evidence Nos. 1 through 3 (including the provisional number), the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion that the non-party company did not pay the above judgment amount to the plaintiff, despite having a duty to pay the plaintiff the above judgment amount, and it seems that there is no intent to pay and ability to pay. This constitutes a case where the defendant, the representative director of the non-party company, caused damage to the creditor due to the execution of business, and thus, the defendant is liable to pay the plaintiff the above judgment amount of KRW 1
Judgment
Where a representative director of a stock company causes damage to another person by intention or negligence while 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 jointly and severally liable for 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 Decisions 79Da1230, Jan. 15, 1980; 2005Da5473, May 31, 2007). Articles 389(3) and 210 of the Commercial Act do not require the representative director to jointly and severally liable for damages to a third party where the representative director of a stock company is liable for damages to a third party.