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(영문) 인천지방법원 2016.06.14 2015나16934
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Establishment of tort liability

A. On January 30, 2015, the Plaintiff’s assertion entered into a lecture agreement with the health clubs C located in the Seo-gu Incheon, Seo-gu, Incheon, and the nineth floor level (hereinafter “instant lecture agreement”) and paid KRW 900,000 each to the Defendant, who is the representative director C, who is the Plaintiff’s representative director, on the same day.

However, the defendant, at the end of March, 2015, closed the C Operation and closed the business place.

Until closing C, the Defendant did not provide the Plaintiffs with at all individual Leson.

As above, the defendant entered into the instant contract even though he could not provide the plaintiffs with personal recreation in the course of performing his duties as the representative director, and received the personal recreation expenses. Since this is caused to another person by an intentional or negligent illegal act, the defendant shall be held liable for tort jointly with C.

B. In a case where the representative director of a judgment company causes damage to another person by intention or negligence in the course of performing his/her duties, a stock company shall be liable for damages to a third party pursuant to Articles 389(3) and 210 of the Commercial Act, and the representative director shall also be jointly and severally liable with a stock company pursuant to Article 750 of the Civil Act or Articles 389(3) and 210 of the Commercial Act (see, e.g., Supreme Court Decision 201Da50165, Jun. 27, 2013). In this case, the Defendant is deemed to have led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act since he/she was served with a document containing

Therefore, the defendant is jointly and severally liable with C to compensate for the damages suffered by the plaintiffs.

2. Scope of damages.

A. According to the above fact of recognition of property damage, the defendant's tort is caused.

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