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(영문) 서울고등법원 2015.05.07 2014나48264

손해배상

Text

1. Revocation of a judgment of the first instance;

2. The case is remanded to the Seoul Central District Court.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts are apparent or apparent in the process of the instant lawsuit.

The Plaintiff filed the instant lawsuit on the ground of the claim as follows.

On January 13, 2010, the Plaintiff paid KRW 1,200,889,343 out of the KRW 2,99,00,000,000,000,000,000,000,000,000 for the purpose of carrying out a project for the relief of strong damage (hereinafter “instant project”) in the vicinity of H’s capital (hereinafter “F”).

However, Defendant B and C, a director, etc. of F, conspiredd to spend the above-mentioned expenses, deceiving the Plaintiff, thereby embezzling and manipulating the accounting records, manipulating the remainder of the budget, and aiding and abetting Defendant B and C’s above illegal acts.

Therefore, the Defendants are obligated to compensate the Plaintiff for the amount stated in their respective claims with compensation for a part of the damages caused by the tort as above.

B. The Defendants, at the first instance court, set up a defense prior to the merits with the following contents.

The lawsuit of this case was brought by the Plaintiff’s “Law Firm E” (hereinafter “Law Firm E”) delegated by L on the premise that L of the Plaintiff’s legal representative delegated by L with respect to the filing of the lawsuit of this case from the Plaintiff. The above Law Firm E is a temporary special committee organized by the Plaintiff’s general assembly rules, and there is no legal basis for representing the Plaintiff’s procedural acts. The Plaintiff did not delegate the institution of the lawsuit of this case to the law firm of this case, which refers to the Plaintiff as the legal representative. Thus, the lawsuit of this case is unlawful as it was brought by the legal representative who is not authorized to represent the Plaintiff.

C. The court of first instance shall decide on May 27, 2014, which is the date for the first pleading of the court of first instance.