기타(금전)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that, around October 2012, when the Defendant, a director of a stock company C (hereinafter “C”) made an investment in C, the Plaintiff would distribute profits, etc. from the investment amount to C, and invested KRW 62,00,000 in C.
Therefore, C is obligated to pay to the Plaintiff the settlement amount equivalent to 45% of the ratio invested by the Plaintiff out of C’s property.
However, since the defendant is an internal director who holds 100% of shares of C, it is jointly and severally liable with C to pay the settlement amount (or the amount equivalent to the settlement amount) to the defendant pursuant to Article 401 of the Commercial Act.
2. Article 401 of the Commercial Act provides that if a director has neglected to perform his/her duties in bad faith or by gross negligence, he/she shall be jointly and severally liable for damages to a third party.
The original director, upon delegation by the company, only performed the duty of due care of a good manager as a trustee of the company, and caused damage to the company in a relationship with a third party.
Although the duty to compensate for damages is not naturally created, if the activities of a corporation in an important position in the economy and society depend on the performance of duties of the director who is the institution, the director is liable for damages to a third party when the director causes damages to the third party by violating the above duty in bad faith or gross negligence by bad faith or gross negligence, the director shall be liable for damages to the third party.
(2) On December 22, 2006, the Plaintiff asserted that the Plaintiff is jointly and severally liable to pay the above settlement amount, while seeking the settlement amount under the investment contract of this case with C. However, the Plaintiff merely asserted that the Defendant, a company director, is jointly and severally liable to pay the settlement amount. The Defendant neglected to perform its duties due to bad faith or gross negligence, and thereby, the Plaintiff is obligated to pay the settlement amount.