A. Defendant A Apartment Women’s Association (hereinafter “Defendant Women’s Association”) partially entrusted by the Plaintiff, and concluded a contract for the collection of recyclables with E (mutual name: F) under the name of Defendant Women’s Association for the collection of recyclables (hereinafter “instant apartment”). Accordingly, Defendant A apartment (hereinafter “instant apartment”), despite the fiduciary duty to collect the collection price from E, was neglected.

As a result, due to the failure to collect the collection cost from E on November 2012 and April 2013 to December 2013, 2013, damage equivalent to KRW 10,875,00 was incurred to the Plaintiff.

Therefore, Defendant Women’s Association is obligated to compensate the Plaintiff for damages incurred due to nonperformance of the obligation under the delegation contract.

B. Under the premise that Defendant B, C, and D parts 1 are recognized as the party capacity of the Defendant Women’s Association, the said Defendants, as an executive officer of the Defendant Women’s Association, were liable to compensate for the damages incurred to Defendant Women’s Association by neglecting to collect the collection cost in violation of the duty of care, and thus, the said Defendants were liable to compensate for the damages. Accordingly, the said Defendants, in subrogation of the Defendant Women’s Association for the purpose of preserving the right to claim damages against the Defendant Women’s Association, exercise the right to claim damages against the said Defendants. 2) In the event that the said Defendants are not recognized as the party capacity of the Defendant Women’s Association, the said Defendants are liable to compensate the Plaintiff for the nonperformance due to the direct delegation of the duty to collect the collection cost.

2. Determination

A. First of all, we examine the part of Defendant Women’s Association as to whether Defendant Women’s Association is recognized as a party’s ability.

Article 48 of the Civil Procedure Act recognizes the capacity of a non-corporate entity as a party to an action shall also be an association or a foundation.