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(영문) 서울북부지방법원 2015.01.30 2014나5126
손해배상(기)
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. Basic facts

A. After acquiring the claim from C for the investigation into the current status of water supply and drainage conduits equivalent to KRW 17,260,000 for C Co., Ltd., the Plaintiff filed an application for a payment order against D Co., Ltd. seeking the payment of the above amount, as the court 2013 tea7152. The above payment order was finalized on February 22, 2014.

B. The defendant is the representative director of the above Corporation D.

[Judgment of the court below] The ground for recognition is without dispute, Gap evidence No. 1, and the ground for appeal

2. Judgment on the ground of the Plaintiff’s claim

A. The gist of the Plaintiff’s assertion was that even though the Defendant directly ordered C to investigate the current status of the water supply and sewerage culvert as the representative director of D Co., Ltd., the Defendant did not pay the above investigation expenses. Since this constitutes nonperformance of obligation, the Defendant is obligated to pay damages to the Plaintiff, the assignee of the above investigation expense claim, as stated in the purport of the claim. In addition, the Defendant neglected the representative director’s duty, thereby causing damages to the Plaintiff. Therefore, the Defendant is obligated to pay damages to the Plaintiff as stated in the purport of the claim pursuant to

B. The duty to pay expenses incurred in investigating the current status of the above water supply and sewerage culvert is not the defendant's duty, but the Civil Code Article 65 is not applicable to this case raised by the plaintiff against the defendant who is the representative director of the corporation. In the event that the representative director of the corporation intentionally or negligently inflicted damage on another person due to an illegal act while performing his/her duties, the corporation shall be liable for damages to the third person pursuant to Articles 389(3) and 210 of the Commercial Code. The representative director shall also be jointly and severally liable for tort with the corporation pursuant to Article 750 of the Civil Code or Articles 389(3) and 210 of the Commercial Code, or Supreme Court Decision 27 June 27, 2013.

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