손해배상(기)
1. The part of the creditor subrogation claim, which the plaintiff had selected in the trial, shall be dismissed.
2. The plaintiff.
The reasons why the court should explain this case is the same as the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the newly asserted matters in the court of first instance. Thus, this Court cites this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The plaintiff's claim for damages under Article 401 (1) of the Commercial Act, as a director of the non-party company, neglected his/her duties by bad faith or gross negligence, and embezzled the property of the non-party company of KRW 100,000,000, so the plaintiff is liable to compensate for damages under Article 401 (1)
Judgment
Where a shareholder of a stock company directly sustains damages due to a director's bad faith or gross negligence, he/she may claim damages against the director under Article 401 of the Commercial Act. However, a director may not claim damages pursuant to Article 401 of the Commercial Act, since indirect damages such as losses caused by a company's decrease in its assets by embezzlement of the company's assets, resulting in the company's economic interests being infringed, are not included in the concept of damages under Article 401
(See Supreme Court Decision 2003Da29661 delivered on October 24, 2003). The Defendant embezzled KRW 100,000,000 deposited in the account of the YAF and then reduced the assets of the non-party company, thereby causing damage to the Plaintiff’s economic interest, which is the shareholder.
Even if it is indirect damage, it is not included in the concept of damage under Article 401(1) of the Commercial Code.
Therefore, the plaintiff's assertion seeking compensation for damages is without merit.
The plaintiff's assertion by subrogation is that the defendant embezzled 100,000,000 won to the non-party company for tort liability under Article 750 of the Civil Act or director under Article 399 (1) of the Commercial Act.