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(영문) 의정부지방법원고양지원 2019.02.13 2016가단12932

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is an incorporated foundation that carries out the business related to medical treatment, etc., and operates the Incheon branch office, and Defendant B is the head of D’s branch from January 2010 to December 2015, and Defendant C is the person who served as the head of D’s headquarters from May 2013 to December 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 (including virtual number), the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion that: (a) the Plaintiff agreed to assume the responsibility for Defendant B’s operation of the Council; (b) the Plaintiff executed the Plaintiff’s funds without the resolution of the board of directors; (c) the Plaintiff was liable for compensating for the total amount of KRW 79,266,757 as follows; (d) Defendant B promised to compensate for damages by means of a promissory note with the face value of KRW 100,000,000 on April 5, 2012; and (e) Defendant C, who jointly carried out the work of the Council, jointly with Defendant B, is liable for compensating for damages of KRW 79,266,757 out of the said amount, as joint tortfeasor.

(1) Money payable to a customer (a contracting company) < Amended by Act No. 33,245,770 won in arrears in building management expenses (27,584,827 won) < Amended by Act No. 6,700,000 won in arrears, etc. (4), 966,710 won in arrears in pension employment insurance premiums (5), 1,313,450 won in arrears, such as wage and salary income tax, etc.)

B. According to the Plaintiff’s assertion Nos. 1 and 2-1 and 2, the Plaintiff and Defendant B, with respect to the operation of the Plaintiff, have civil and criminal liability related to the operation of the Plaintiff and Defendant B, such as entirely responsible, operating, and repaying all obligations arising from the Plaintiff’s sources. When the agreement between the Plaintiff and Defendant B is terminated or terminated, all obligations and obligations arising from the operation of the Plaintiff should be settled by the Defendant B (hereinafter “instant agreement”).

(a).