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(영문) 인천지방법원 2018.11.22 2018나58649
손해배상(기)
Text

1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiffs who are ordered to pay below.

Reasons

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

2. Determination on the cause of the claim

A. The liability for damages against a third party by a director of a stock company under Article 401(1) of the Commercial Act is a requirement that the director neglects his/her duties due to bad faith or gross negligence. Thus, the failure to perform the company's obligations arising from ordinary transactions cannot be deemed to have neglected his/her duties in bad faith or gross negligence. However, even though it could have predicted that the fulfillment of the contractual obligations is impossible or impossible due to the nature of the company's management, the company's failure to perform its duties can be deemed to be unlawful if it entered into a contract with the other party, even though it could have predicted that

(See Supreme Court Decision 2004Da26119 Decided August 25, 2006). B.

As to the instant case, the following facts and circumstances acknowledged by comprehensively considering the results of the inquiry inquiry into the Incheon Tax Office of the first instance court on the records and the evidence revealed earlier, the Defendant Company has increased its liabilities every year since the year 2014, and there was a dispute over the unpaid construction cost between the subcontractor and the subcontractor related to the instant remodeling construction. As for the long-term default of the usage fee for the instant commercial site from the date of 2013 to the amount of 9.8 billion won, the Defendant Company was at the risk of cancelling the lease contract for the instant commercial site as well. In light of the financial difficulties of the Defendant Company, as stipulated in Article 11 of the instant agency contract, so that the Plaintiffs can immediately carry out the rental and sale business of the instant commercial site.

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