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(영문) 서울남부지방법원 2018.11.08 2017가단227657
손해배상(기)
Text

1. Defendant N and P Co., Ltd. are jointly and severally liable to Plaintiff A for KRW 4,357,00, and KRW 18,181,835, and Plaintiff B.

Reasons

1. The summary of the plaintiffs' assertion is as shown in the reasons for the claim.

2. Judgment on the confession of a claim against Defendant N or P (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

3. Although the above defendant's representative director was aware that there was a problem with the company after the defendant taken office as the defendant N's representative director, the defendant's failure to pay money continuously constitutes a tort or aiding and abetting a tort. However, it is insufficient to recognize the above assertion by the statement of evidence No. 5 alone, and there is no other evidence to acknowledge that the defendantO participated in or aiding and abetting the illegal act by the defendant N and P.

4. The Plaintiffs’ claim for Defendant Q against Defendant Q withdrawn the assertion of violation of the Door-to-Door Sales, etc. Act against Defendant Q, which entered into the cause of the claim in the preparatory document on November 2, 2017. ② As to the tort liability of Defendant Q’s tort, the Plaintiffs asserted that “where a representative director of the company causes damage to a third party due to a tort in the course of his performance of duties, the representative director is jointly and severally liable with the company, and Defendant Q Q cannot avoid liability for damages against the Plaintiffs as the representative director of the Defendant P Co., Ltd., and the above assertion alone does not indicate the specific contents and methods of the tort committed by Defendant Q, and therefore, the claim against the said Defendant is without merit.

5. Conclusion, the plaintiffs' claims against Defendant N and P are accepted for reasonable grounds, and the claims against DefendantO and Q are dismissed for lack of reasonable grounds.

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