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【Main Issues and Holdings】
[1] Whether not only the consequences of the establishment of a juridical act committed by the obligor’s performance assistant but also the results of its violation, specifically, the liability for nonperformance of obligations, are attributable to the obligor, the principal (affirmative)
Conditions under which an obligor’s performance assistant is held directly liable in tort in accordance with Article 750 of the Civil Act to the other party of the contract and the standard for determining whether the performance assistant satisfies those requirements
Where a claim for compensation can be filed on the grounds of either the nonperformance of obligations or torts, for the purpose of compensation of damage arising from the same factual background, whether the court must examine whether the claim exercised by the plaintiff satisfies the requirements for establishment and its legal effect separately from the other claim (affirmative)
[2] In a case where: (a) Local Government A incurred a considerable amount of operating expenses because of inaccurate demand forecasting related to its light rail transit construction project; and (b) the residents, including Party B, initiated a residents’ lawsuit against the governor of Local Government A, demanding that the governor file a lawsuit for damages against the former governors, the relevant civil servants, the Korea Transport Institute (KOTI), the institution in charge of demand forecasting, and its researchers, the case holding that the lower court erred by misapprehending the legal doctrine, even though it is difficult to find the KOTI researchers accountable for unlawful acts in violation of accepted social norms against Local Government A, and the requirements for the establishment of torts are not immediately considered satisfied on the sole basis of the fact that the acts of the researchers satisfy the requirements for the establishment of nonperformance of obligations on the part of the KOTI, making it necessary for an individual and specific examination of whether a tort liability is assigned to the researchers
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