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(영문) 수원지방법원안양지원 2020.03.05 2018가단113933

손해배상(건)

Text

1. Defendant B Co., Ltd.: (a) KRW 120,000,000 to the Plaintiff (Appointed Party) and the appointed party; and (b) on November 8, 2019.

Reasons

The grounds for the determination of the claim against Defendant B and the changed grounds for the claim are as shown in the attached Form and the changed grounds for the claim.

(limited to the part recorded by Defendant 1 or Defendant). (b)

The judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Plaintiff’s assertion of judgment as to the claim against Defendant C and the designated parties (hereinafter “Plaintiffs”) leased Pyeongtaek-si factory site 9,917 square meters and its ground factory (hereinafter “instant real estate”) to the Defendant B (hereinafter “Defendant Company”). The Defendant Company delivered the instant real estate to the Plaintiffs on September 2018 upon the termination of the lease agreement due to the delayed payment of rent from January 2018. The Defendant Company left the instant real estate without restoring the waste cable amounting to 2,00 tons of the instant real estate to its original state.

Defendant C, the representative director of the Defendant Company, is the husband and wife of the Defendant Company, and the Defendant Company, in violation of the network E and the Wastes Control Act, shall be liable for damages arising from the tort. Meanwhile, the Defendant C, who is a tort, shall be jointly and severally liable with the Defendant Company, which is under the contractual obligation to reinstate under the lease agreement, and shall be jointly and severally liable to the Plaintiffs as part of the damages claim by the Plaintiff.

Judgment

In order for a joint tort to be established, the common intent or joint perception of the act is not required among the actors, but it should be considered that the act committed by each actor with intention or negligence is jointly caused by infringement on rights of victims and the occurrence of damages. Therefore, in order to recognize liability for damages on the ground of a joint tort, each actor's intentional or negligent act is jointly committed.