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(영문) 서울중앙지방법원 2020.05.19 2019가합589404
뮤직비디오제작비용
Text

1. Defendant B’s limited liability company: (a) KRW 204,900,000 and its interest thereon to the date of full payment from May 16, 2019 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant limited liability company B

A. The part on Defendant limited liability company B among the grounds for the attached Form No. 1 of the grounds for the claim

(b) Judgment by public notice of applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. Determination as to the claim against Defendant C

A. Article 401(1) of the Plaintiff’s assertion that Article 401(1) of the Commercial Act provides that “If directors have neglected to perform their duties intentionally or by gross negligence, they shall be jointly and severally liable to compensate for damages to the third party.” The above provision applies to a limited liability company. Defendant C neglected to perform its duties intentionally or by gross negligence, thereby causing damage equivalent to the amount claimed by the Plaintiff. Accordingly, Defendant C is jointly and severally liable with the Defendant limited liability company, in accordance with the above provision.

B. Determination 1) The “act of neglect of duties due to intention or gross negligence” required for the liability to a third party under Article 401-1 of the Commercial Act is an act in violation of the duty-faith and the duty of care, which is recognized as an institution of a company, and there is an illegal circumstance. Thus, it cannot be said that the above legal principle is an unlawful act of neglecting the duty solely on the basis of the fact that the performance of the company’s obligation was capable of performing its obligation due to ordinary trade transactions and causing damage to the other party (see, e.g., Supreme Court Decision 2004Da26119, Aug. 25, 2006).

3. Thus, the plaintiff's claim against the defendant limited liability company B is justified, and the defendant C is justified.

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