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1. All appeals against the instant principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall be filed.
2.
Reasons
1. Facts of recognition;
A. The Defendant is a company established for the purpose of manufacturing and selling synthetic resin, EFP (FRP), EM (SMC), and GMT (GMT).
B. On August 6, 2012, C, the Defendant’s actual manager, sold at his own discretion a 1.8 million won car owned by the Plaintiff and embezzled it.
C. C was indicted on the charge of embezzlement of the instant former vehicle and received a summary order of KRW 1 million on November 15, 2013, and the said summary order became final and conclusive around that time.
around May 2013, the Defendant provided the Plaintiff with one ton of the water tank panel and five ton of the wall panel around August 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. Article 35(1) of the Civil Act provides that “a corporation shall be liable for damages inflicted upon another person in connection with its duties.” In this context, “representative of a corporation” includes a person who actually operates the corporation and actually executes the affairs of the corporation on behalf of the corporation, regardless of its name, position, or representative registered (see, e.g., Supreme Court Decision 2008Da15438, Apr. 28, 201). As seen earlier, C, a representative who actually operates the Defendant and is the representative who substantially manages the Defendant, embezzled the Plaintiff’s former operation within the scope of the execution of duties. Therefore, the Defendant is liable for compensation for damages inflicted on the Plaintiff pursuant to Article 35(1) of the Civil Act.
On the other hand, the defendant provided the plaintiff with one ton of the water tank panel equivalent to 1.5 million won and five ton of the wall panel equivalent to 20,000 won as compensation, so the above compensation liability has been extinguished.
However, the materials submitted by the defendant alone are the above compensation for damages.