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(영문) 서울중앙지방법원 2017.09.27 2017나19509
용역비
Text

1. All appeals filed by both the Plaintiff and Defendant A are dismissed.

2. The appeal cost arises between the Plaintiff and the Defendant B.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) adding evidence Nos. 5 and 6 to the statement of No. 10 of the judgment of the court of first instance [based ground for recognition]; (b) adding " September 27, 2015" to " September 25, 2015"; (c) No. 4 of the first instance judgment to "No. 1 is sufficient to recognize it only with the statement of evidence No. 1; (d) there is no other evidence to acknowledge it; (e) "factory property" of No. 48; (d) No. 48 of the fourth instance judgment to "factory foundation"; (e) No. 9 of the fourth instance judgment to "right to lease and facilities and business"; and (e) No. 5 of the first instance judgment to "by no later than February 15, 2017"; and (e) the second instance judgment to accept the second through No. 410 of the Civil Procedure Act to the following reasons and the second instance judgment.

2. From Nos. 6, 1 to 4, the Plaintiff asserts that, inasmuch as he did not perform his duties as a representative or an in-house director, he did not pay a brokerage commission to the Plaintiff of the Defendant Company, the Plaintiff is jointly and severally liable with the Defendant Company pursuant to Article 401 of the Commercial Act, since he did not perform his duties as a representative or an in-house director after leaving Defendant B as his husband and the current representative director G.

The original director, upon delegation by the company, has breached the duty of due care of a good manager as a trustee of the company, and has inflicted damages on the company in relation to a third party.

Even if the act of a corporation, which has an important status in the economy and society, does not naturally lead to the liability for damages, but has caused damage to a third party due to bad faith or gross negligence of the director who intends to protect the third party by taking into account the dependence on the performance of duties by the director who is the institution.

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