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(영문) 서울고등법원 2016.11.22 2015나2070813
손해배상(건)
Text

1. The plaintiff's appeal and the plaintiff's selective claims added at the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons why this court should state this part of the basic facts are as follows: (a) the Defendant D’s “Defendant D” as “joint Defendant D of the first instance trial”; and (b) the Defendant Company as “joint Defendant of the first instance trial” are as stated in the corresponding part of the judgment in the first instance trial, except where the “Defendant Company” is deemed as “joint Defendant of the first instance trial,” and therefore, it refers

2. Determination on the claim against the defendant

A. 1) Judgment on the primary claim 1) Joint tort (A) or the claim for damages under Article 401 of the Commercial Act, as the representative director and the shareholder of the first instance court at the time when the joint defendant company was incorporated, the defendant is liable to compensate the plaintiff for damages equivalent to the completed construction cost by neglecting the construction cost by having the joint defendant D of the first instance court while he was the representative director of the joint defendant company of the first instance court while he was the co-defendant D of the first instance court, neglected to perform his duties in bad faith or gross negligence and neglecting to pay the construction cost, thereby having the joint defendant D of the first instance court, even though he did not have the ability to pay the construction cost. Thus, the defendant neglected the fraudulent act of the joint defendant D of the first instance court and the joint defendant D of the second instance court under the Civil Act or Article 401 of the Commercial Act.

B. The Defendant’s liability or employer’s liability is the name name holder under Article 24 of the Commercial Act or the co-defendant D of the first instance court, even though the Defendant merely lent his name to Co-Defendant D of the first instance court only to the Co-Defendant D of the first instance court, and had Co-Defendant D of the first instance court perform his duties as the president of the Co-Defendant Company of the first instance court, and deceiving the Plaintiff to acquire the amount equivalent to the original construction cost of the instant case by deceiving the Plaintiff.

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