1. The plaintiff's claim is dismissed.

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

Facts of recognition

On September 10, 2015, the Plaintiff entered into a contract with C (hereinafter “Nonindicted Company”) with the Korea Land and Housing Corporation at KRW 264,000,000 to manufacture and supply sculptures among “E Landscape Corporation” that the Nonindicted Company contracted from D Co., Ltd. to supply them (hereinafter “instant contract”).

On December 22, 2015, according to the instant contract, the Plaintiff manufactured and supplied all sculptures to the non-party company.

From September 23, 2015 to March 4, 2016, Nonparty Company paid KRW 66,400,000 out of the contract price of this case to the Plaintiff.

The Plaintiff participated in the F-Distribution Procedure of the Daejeon District Court and received dividends of KRW 105,732,371 out of the unpaid construction cost claim against the non-party company.

The defendant was the representative director of the non-party company at the time of the conclusion of the contract of this case, and is currently the director of the

[Ground of recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 8 to 10, and Eul evidence Nos. 8 to 10, and the plaintiff's assertion of the purport of the whole pleadings, if the plaintiff manufactured and supplied the sculptures under the contract of this case, the non-party company should pay to the plaintiff the remainder after deducting profits from the price received from the ordering person. However, the non

The defendant was the representative director of the non-party company at the time of the contract of this case and is currently a director and an actual operator, who has neglected to perform their duties intentionally or by gross negligence in violation of the duty of loyalty and duty of care, thereby causing damage to the plaintiff. Thus, the defendant is liable to compensate for damages sustained by the plaintiff pursuant to Article 401 of the Commercial Act.

Judgment

The "act of breach of duty due to intention or gross negligence" required for liability to a third party under Article 401 of the Commercial Code is an act of breach of duty and duty of care recognized as an institution of a company, for example, the company.