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(영문) 춘천지방법원 2015.01.23 2014나1915
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation on this part of the facts and the Plaintiff’s assertion is the same as the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the

2. Determination as to the cause of action

A. The attorney fee, which can be paid as the costs of a relevant legal entity, is limited to cases where the organization itself becomes a party to a lawsuit, so in principle, the attorney fee for a civil and criminal case in which a representative of an organization becomes a party to a lawsuit cannot be disbursed as the costs of an organization. However, exceptional interests in disputes exist in an organization, but an individual who is in the status of such representative for legal

In the case where a dispute arises in connection with the act of a director or a representative who is obligated to act lawfully performed for an organization as a representative, the pertinent legal dispute may pay attorney fees at the expense of an organization for the benefit of an organization in light of the organization and the various circumstances at the time (see Supreme Court Decision 2008Da74895, Feb. 12, 2009). In the case where a decision to suspend the performance of director's duties against a director of a juristic person is rendered, it is apparent that the performance of duties of the pertinent juristic person would substantially interfere with the corporation's business, and therefore, it is necessary for the juristic person to dispute against the above provisional disposition unless the absence of director's qualification is objectively clear and there is no room for dispute. Accordingly, even if the representative of the juristic person pays the litigation expenses of a director who is the respondent of the pertinent provisional disposition case from the corporate expenses to the necessary extent, this shall be paid the expenses necessary for the performance of duties of the juristic person.

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