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(영문) 서울중앙지방법원 2015.10.30 2015가단37885
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as KRW 8,00,000 on the Plaintiff and as a result, from October 10, 2012 to October 30, 2015.

Reasons

1. Basic facts

A. Defendant C, while serving as a joint representative director in Defendant B (hereinafter “B”) with D for the purpose of scrap metal processing business, etc., was retired from the office of joint representative director around April 6, 2015.

B. Around June 201, the Plaintiff leased the instant land in Gangnam-gu Seoul, G, H, and I (hereinafter “instant land”) from Gangnam-gu, Seoul (hereinafter “instant land”). Around June 23, 2012, the Plaintiff leased the instant land and facilities on the instant land to Defendant B during the period from July 1, 2012 to June 30, 2014.

C. On October 2012, Defendant C, under the direction of the employees belonging to Defendant B to create a rest room for the staff of Defendant C, cut and dismantled the boos and contacters of plastic sorting machines owned by the Plaintiff on the land of Gangnam-gu Seoul, Gangnam-gu, Seoul, which was located on the land adjacent to the instant land (hereinafter “instant sorting machines”), and damaged the container boxes above.

[Based on the recognition] The statements and images of Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including each number, hereinafter the same), and the purport of the whole pleadings

2. Where the representative director of a stock company which has caused damage to another person by intention or negligence while performing his duties, the stock company shall bear the liability for damage to the third person in accordance with Articles 389 (3) and 210 of the Commercial Act, and the representative director shall also bear the liability for joint tort with the stock company under Article 750 of the Civil Act or Articles 389 (3) and 210 of the Commercial

(2) The Defendants are jointly and severally liable to compensate the Plaintiff for all damages incurred to the Plaintiff pursuant to Articles 389(3) and 210 of the Commercial Act, inasmuch as the Defendants intentionally damaged the instant screening machine owned by the Plaintiff, as one of the co-representative directors of Defendant B, while performing their duties.

3. Scope of damages.

(a)a claim for property damage;

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