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(영문) 부산지방법원 2017.10.24 2017가단5101
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 26, 2015, the Plaintiff asserted that the Plaintiff entered into a supply contract with the Defendant Company B (hereinafter “B”) and supplied it, but B did not pay KRW 57,200,000 for the amount of goods.

The defendant, as the representative director B, is liable for compensating the plaintiff for damages of KRW 57,200,000, pursuant to Article 401 of the Commercial Act or Article 35 of the Civil Act, since the defendant, as the representative director, was well aware that the company had no ability or intent to pay the price of goods, concluded a supply

2. In full view of the judgment, solely based on the circumstances alleged by the Plaintiff, the Defendant neglected his duties as the representative director B by intention or gross negligence, thereby causing damage to the Plaintiff.

It is insufficient to recognize that the plaintiff committed a tort or other tort, and there is no other evidence to acknowledge it, so the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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