손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. The reasoning for this part of this Court is as follows, and this part of this Court’s “1. Basic Facts” is the same as that of the judgment of the first instance, and thus, this part is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Defendant E is used as “Codefendant E of the first instance trial” (hereinafter “E”), “Defendant F is used as “Codefendant of the first instance trial”, and each “Defendant E” and “Defendant F is used as “E” and “E” and “Defendant F” respectively.
Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) in the fourth 12th tier judgment of the first instance court shall be used as “C” and each “Defendant C” shall be used as “C”.
All "Defendant D" shall be put into "Defendant" in the five-dimensional one of the judgment of the first instance, and each of "Defendant D."
The 6th three defendants in the judgment of the first instance shall be "C, E, F and the defendant".
He/she shall delete 10,11 of the judgment of the first instance.
2. The assertion and judgment
A. The plaintiffs' assertion 1) In the first place, the defendant neglected his/her duties and neglected to perform his/her duties, thereby causing damages equivalent to KRW 187,50,000,000 paid to each of the plaintiffs under Article 401 (1) of the Commercial Act, and thus, the defendant is liable to compensate the plaintiffs for the said damages in accordance with Article 401 (1) of the Commercial Act. 2) Preliminaryly, the defendant, as the representative director of C, caused the above damages to the plaintiffs due to his/her performance of duties. Thus, the defendant is liable to compensate the plaintiffs for the said damages in accordance with Articles 389 (3) and 210 of the Commercial Act.
B. The “act of neglect of duties due to intention or gross negligence” required for the director’s liability for damages against a third party as stipulated in Article 401(1) of the Commercial Act, which is determined as to the primary assertion, is a company’s faithful performance and duty.