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1. The Defendants jointly pay to the Plaintiff KRW 35,208,329 and the interest rate thereon from October 20, 2019 to the date of full payment.
Reasons
1. Indication of claims: To be as shown in the attached cause of claims and briefs; and
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).
3. Where the representative director of a company with reason has caused damage to another person by an intentional or negligent illegal act while performing his/her duties, the company shall be liable for damages to a third person pursuant to Articles 389(3) and 210 of the Commercial Act, and the representative director shall also be jointly and severally liable with the company pursuant to Article 750 of the Civil Act or Articles 389(3) and 210 of the Commercial Act (see Supreme Court Decisions 79Da1230, Jan. 15, 1980; 2005Da5473, May 31, 2007). Therefore, where the representative director of a company infringes on the owner’s right to use and benefit from the real estate without legitimate authority, the company shall be separately liable for damages arising from an illegal act that constitutes and maintains the illegal occupied state of the real estate by intention or negligence.
According to the evidence submitted by the Plaintiff, since the auction on the instant building was conducted as the representative director of Defendant B Co., Ltd., Defendant C had maintained the state of possession for Defendant B, excluding the Plaintiff after the Plaintiff acquired ownership by winning a successful bid, and such possession constitutes an illegal possession without legitimate authority.