Where an employee of the company obtains approval from the representative director and uses the company's money for personal purposes, whether the company's tort liability is against the company

If a company employee withdraws the company's money as a repayment of the company's debt and uses it for his own personal use, the company's tort is committed against the company, barring special circumstances. Even if the representative director had withdrawn it through the procedure of disbursement such as approval of the representative director, the company's tort liability with respect to the company shall not be exempted unless the representative director withdrawss and consumes the company's money.

Article 750 of the Civil Act

[Defendant-Appellee] Plaintiff 1 et al., Counsel for defendant-appellee

Defendant-Appellee et al., Counsel for defendant-appellee

Daegu High Court Decision 84Na509 delivered on November 22, 1984

The judgment below is reversed, and the case is remanded to the Daegu High Court.

[Judgment of the court below] The ground of appeal by the plaintiff-appellant is examined.

According to the reasoning of the judgment below, the court below held that the defendant, working as the director in charge of the plaintiff company's accounting, withdraws 19,000,000 won from the plaintiff company to use it for his personal purpose as interest title to be paid to the non-party company for the non-party company in rural development, and there is no dispute between the parties. However, although the plaintiff's ground for the claim in this case is that the plaintiff company should pay interest to the non-party company in this case, the defendant deceiving the representative director of the plaintiff company who is not aware of the circumstance and made voluntary consumption of the above amount. Thus, the court below decided on the plaintiff's assertion that the defendant caused damages to the above amount due to the defendant's above deception, and it is consistent with the defendant's reasoning that the non-party 1, the representative director of the plaintiff company, who was the plaintiff company, should have the non-party 1 withdrawn the above amount from the plaintiff company's funds to the non-party 1, who was actually the representative director of the plaintiff company, and should pay the above funds to the defendant 1000.

However, as determined by the court below, if the money of the plaintiff company was withdrawn as a repayment of the company's obligation and used it for the defendant's personal purpose, barring any special circumstance, it constitutes a tort against the plaintiff company, and the non-party 1, the representative director of the plaintiff company, as at the time of the class of the class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class of class.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the Daegu High Court which is the lower court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices O Sung-sung(Presiding Justice)