손해배상(기)
All appeals are dismissed.
Costs of appeal shall be borne by each party.
The grounds of appeal by both parties are examined as follows.
The court below denied the defendant's joint tort liability based on its stated reasoning, but limited the scope of liability to 40% by recognizing liability for damages under Article 399 (1) of the Commercial Act, considering that the defendant neglected to perform his/her duties as representative director.
In light of the relevant legal principles and records, the above determination by the court below is acceptable. Contrary to the allegations in the grounds of appeal by the plaintiff, the court below did not err by misapprehending the rules of evidence as to willful negligence in tort, by misapprehending the legal principles as to directors' limitation of liability, or by misapprehending the legal principles
Therefore, all appeals are dismissed, and the costs of appeal are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.