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(영문) 인천지방법원 2017.04.19 2016가단57528
운송료등
Text

1. Defendants B and C jointly share 11,517,967 won to the Plaintiff (Appointed Party) and 4,225.

Reasons

1. Claim against Defendant B and Defendant C

A. Indication of Claim: The plaintiff (Appointed) and the designated parties seek payment of each transport charge claim which they had against the above Defendants by transporting the freight upon the request of carriage from the defendant C, actually operated by the defendant C.

Applicable provisions of Acts: Judgment by publication (Article 208 (3) 3 of the Civil Procedure Act)

2. The Plaintiff (Appointed Party) asserts that, as Defendant D was the representative director of Defendant B Co., Ltd. and offered or aided and abetting Defendant C’s act of failure to pay transport charges, Defendant B Co., Ltd and Defendant C are liable to pay transport charges jointly with each other.

However, according to the Plaintiff’s assertion, Defendant D was only the representative director in the name of the Plaintiff (Resignation on October 10, 2013 on the register), and the actual operator was Defendant C, and the representative director of a corporation is not a party who is naturally liable for the company’s obligations jointly or jointly with the company.

Therefore, this part of the claim by the plaintiff (appointed party) cannot be accepted.

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