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(영문) 서울고등법원 2019.11.07 2019나2012983
손해배상(기)
Text

1. The part against Defendant B and Defendant C among the judgment of the first instance, shall be revoked, and the revocation part shall be applicable.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing the summary in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments;

A. The summary of the Plaintiff’s assertion 1) Defendant B and Defendant B led to the conclusion of the instant lease agreement that pays a high amount of damages to the instant building by using their influence on the Plaintiff, thereby causing gain to the Defendant Company, which is the largest shareholder, and causing damages to the Plaintiff. This is an act violating the Plaintiff’s duty of good faith as a director, and constitutes a tort of occupational breach of trust. In addition, the Defendant Company, while fully aware of this, actively participated in the conclusion of the instant lease agreement and took advantage of its profits as the contracting party. Accordingly, in accordance with Article 399(1) of the Commercial Act and Article 750 of the Civil Act, Defendant Company is jointly and severally liable for damages under Article 760 of the Civil Act, and the amount of damages is jointly and severally liable for damages to the Plaintiff. Defendant B and Defendant D’s joint tort liability as part of a claim against the said Defendants, seeking payment of KRW 1 billion in total,000,0000,000 to the Plaintiff’s subcontractor and the Plaintiff’s subcontractor’s subcontractor’s subcontractor.

(2) Defendant B also bears the joint tort liability regarding the offering of rebates, as it is a tort against Plaintiff and cannot be achieved without Defendant B’s cooperation.

Therefore, Defendant B and D have a joint obligation to compensate the Plaintiff for damages, and the amount of damages is over KRW 500 million, and the Plaintiff is a part of the claim against the said Defendants.

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