손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
Plaintiff
Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaged in each specialized construction business, etc., and Defendant D is currently an internal director of the Defendant Co., Ltd. who was a shareholder of the Plaintiff and in-house director.
In December 2015, the Plaintiff and the Defendant Company entered into a technical service contract for “E design consulting services” of KRW 84,370,000 (including value-added tax) and entered into four technical services contracts for the total amount of the contract amount of KRW 282,370,000 (including value-added tax) until September 2016.
(hereinafter “each of the instant services contracts”). From August 5, 2016 to December 28, 2016, the Plaintiff remitted to the Defendant Company the total amount of KRW 249,700,000,000 under each of the instant services contracts, on seven occasions, from August 5, 2016.
(hereinafter “The price for each service contract of this case”). [Based on recognition, Gap evidence Nos. 1, 3, 5, 26, Eul evidence Nos. 1, 6 through 9, and 21 (including the number of branch offices) and the argument of the plaintiff as a whole, defendant D used the plaintiff’s director and director of the defendant company as a director, and violated the plaintiff’s duty of loyalty, confidentiality, and prohibition of competition as director, and violated the plaintiff’s design contract of this case in relation to the E design contract of this case, etc. which the representative director of the plaintiff ordered the plaintiff to enter into each service contract of this case, and accordingly, even if the defendant company did not perform any service duty, caused the plaintiff to pay the price for each service contract of this case to the defendant company, and caused the plaintiff to commit a tort by using the plaintiff for personal purposes, such as its own funds.
The Defendant Company, as the primary employee of the Defendant Company, inflicted damages on the Plaintiff due to the Defendant Company’s execution of its work, is liable for employer liability under Article 756 of the Civil Act, and the Defendant Company, as a preliminary, bears the Plaintiff’s technical service in accordance with each of the instant service contracts.