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(영문) 인천지방법원 2018.07.04 2017나70253
부당이득금반환 및 손해배상
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion D is obligated to pay the above judgment amount to the Plaintiff. Defendant B’s representative director, Defendant C’s director and actual management owner, who did not pay the Plaintiff’s judgment amount, thereby causing damage equivalent to the judgment amount to the Plaintiff.

Therefore, the Defendants are obliged to pay the above judgment amount and damages for delay to the Plaintiff pursuant to Article 35 of the Civil Act or Article 401 of the Commercial Act.

In addition, the Defendants, as an employer, neglected the direction and supervision of F as an employee and caused damages to the Plaintiff. Accordingly, according to Article 756 of the Civil Act, the Plaintiff is obliged to pay the money paid to D as above and its delay damages.

3. Determination

A. Judgment D on the assertion under Article 35 of the Civil Act is a stock company established pursuant to the Commercial Act, and legal relations related to the stock company are applied in preference to the Civil Act. Therefore, this part of the Plaintiff’s assertion cannot be accepted.

(B) there is no evidence to acknowledge that the Defendants committed an act beyond the scope of the purpose of the corporation.

Article 401 of the Commercial Code provides that if a director neglects his/her duties in bad faith or by gross negligence, he/she shall be jointly and severally liable for damages to a third party.

The original director, upon delegation by the company, has breached the duty of due care as a good manager to the company as well as has violated the above duty with a third party. However, even if the act of the company depends on the performance of duties of the director who is the institution, the director's bad faith or significant.

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