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(영문) 서울고등법원 2019.09.18 2019나2010475

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The grounds for admitting the judgment of the court of first instance, which the Plaintiff asserted in the trial while filing an appeal, are not significantly different from the allegations in the court of first instance, and the judgment of the court of first instance dismissing the Plaintiff’s claim even if the evidence and the result of pleading submitted in the court of first instance

Therefore, this court's reasoning, including the allegations and evidence of the parties added in the trial, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the first instance, except for the further determination by supplementing the reasoning of the judgment of the first instance as stated in the following

2. As to the Plaintiff’s assertion that the Defendants’ act of lending to N of the instant case constitutes “an intentional or negligent act in violation of the statutes or neglect of their duties” under Article 399(1) of the Commercial Act or joint tort under Article 760 of the Civil Act, it is difficult to view that the Defendants’ act is not for private interest pursuit, in light of the general legal principles of business judgment or in light of the specific circumstances and progress leading up to the lending of the instant case, or the lack of proof as to the Plaintiff’s assertion, and as a result, it is difficult to view that the Plaintiff was not paid the leased principal as losses in proximate causal relation. As to the Defendant D’s lack of evidence to acknowledge that the Plaintiff was a non-registered director as an executive instruction, the first instance court stated in detail on the basis of the recognition and evaluation of relevant facts, and that it is acceptable in light of the relevant legal principles and the evidence adopted at the first instance trial.

The Plaintiff’s assertion disputing this is difficult to reverse the fact-finding and judgment of the first instance court only with the evidence submitted by the Plaintiff to the first instance court and the lower court, and to deem it sufficient to prove the above facts. The evidence adopted earlier and the evidence set forth in Article 18, A.