손해배상(건)
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Basic Facts
The reasoning for this part is as stated in the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The main point of the party's assertion was that the primary argument on the plaintiff's excessive input costs occurred with the wind that the defendant intends to give a high-priced subcontract to his/her subsidiary, which is a joint subcontractor, and that is a joint subcontractor, and even though it is irrelevant to the plaintiff, the defendant did not unilaterally perform his/her duty of execution of liability under the instant agreement.
In order to avoid sanctions against unjust enterprisers, the Plaintiff, who is in the external position of the representative, was forced to complete the civil engineering works on behalf of the Defendant on behalf of the Defendant, and the damages incurred therefrom. Therefore, the Defendant is liable to compensate for the said damages.
The Plaintiff’s amount of damages is KRW 191,90,126,260, which is equivalent to the Plaintiff’s share ratio (60%) out of KRW 319,840,787 (excess inputs), which is equivalent to KRW 1,680,285,473, which was actually invested by the Plaintiff in the course of completing the civil engineering work.
The conjunctive assertion that the Plaintiff transferred the shares under the instant contract to the Defendant, thereby failing to perform the civil engineering works as above, was compelled to perform the civil engineering works, and this constitutes a management of affairs on behalf of the Defendant without any obligation.
(1) If the manager has disbursed necessary or useful expenses on behalf of the principal, the defendant may demand reimbursement thereof from the principal.
(2) If a manager bears the necessary or beneficial obligation for the principal, the provisions of Article 688 (2) shall apply mutatis mutandis.
(3) If a manager has managed contrary to the will of the principal, the preceding two paragraphs shall apply mutatis mutandis to the extent of his existing interests.
§ 740. Manager's right to claim compensation without fault.