손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a person who operates a restaurant business under the trade name called “D cafeteria” in Yeongdeungpo-si, Youngcheon-si.
Around October 2013, the Defendant had been working as the representative director of E Co., Ltd. (E) (hereinafter “E”), a company mainly engaged in construction business, and the Defendant closed its business around October 2017.
B. The Plaintiff received a request from the Defendant for providing meals to the members invested in the construction work for which E is proceeding from the Defendant, and provided meals to the members of E over several times from October 2013 to October 15, 2017.
The total amount of meal costs provided by the Plaintiff during the above period shall be KRW 164,651,60, and KRW 104,512,80 among them shall be paid from E, but the remainder of KRW 60,138,800 shall not be paid.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 9 evidence, purport of the whole pleadings
2. The summary of the assertion on the cause of the claim was a tort in which the Defendant, despite the fact that the Defendant was unable to repay, provided meals to the members of E, if he provided meals to the members of E, the Plaintiff was a member of the Plaintiff and had the Plaintiff provide meals to E.
In addition, the defendant has neglected his duties as representative director by appropriating the profit of E for personal purpose.
As a result, the plaintiff provided meals to E but did not receive meal costs equivalent to 60,138,800 won, so the defendant is obligated to pay the plaintiff 60,138,800 won as damages for tort or due to the negligence of directors' duties.
3. The Plaintiff received meal costs from E from time to time while providing meals to E, and received KRW 104,512,800, out of total meal costs of KRW 164,651,600. The meal costs that have not been received from E have already exceeded KRW 10,00,000 from December 2, 2014, but have not been received as a result of continuous provision of meals for three consecutive years.