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TITLE Supreme Court Decision 2023Da294470, 294487 Decided February 29, 2024 ¡¼Claim for Business Expenses; Damages (Etc.)¡½ [full Text]
Summary
¡¼Main Issue and Holding¡½ Meaning of any necessary expenses of which a mandatary may demand reimbursement according to Article 688(1) of the Civil Act (held: any expenses defrayed by the mandatary as deemed necessary with such care as is required of good manager) Even if a mandatary violated the duty of due diligence in the process of managing the entrusted affairs, where, after that, the mandatary defrayed any expenses for the management of the entrusted affairs and exercised due care required of good manager in the process of defraying the corresponding expenses, whether the mandatary may demand from the mandator the reimbursement of such expenses (affirmative)
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