손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for the explanation in this part of the basic facts is as stated in the part of '1. Basic Facts' from 6th to 11th, the second to 8th, the judgment of the court of first instance. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. Defendant C, the managing partner of the Plaintiff E, failed to comply with the procedures for selecting an investable enterprise provided for in Article 36 of the E’s articles of incorporation in selecting G as an investable enterprise; ② neglected to report the financial status of E in accordance with the capital market statutes or the E’s articles of incorporation; ③ to supervise whether G has properly used the investment fund; and to actively participated in and have actively participated in the management; and on the other hand, he/she failed to perform his/her duties for a private equity fund in accordance with the relevant statutes and the articles of incorporation.
Unless otherwise provided for in this Chapter, the provisions governing unlimited partnerships shall apply mutatis mutandis to limited partnerships with the duty to faithfully perform the duties of private equity funds provided for in this Chapter and Articles 269 and 269 of the Commercial Act.
Articles 195 and 195 (Applicable Provisions) of the Commercial Act shall apply mutatis mutandis to internal relations of partnership companies, unless otherwise provided in the articles of incorporation or in this Act, the provisions of the Civil Act concerning partnership companies.
The provisions of Articles 681 through 688 shall apply mutatis mutandis to any partner who executes the affairs of partnership under Article 707 of the Civil Act (Applicable Provisions).
Article 681 and Article 681 of the Civil Act, which applies mutatis mutandis to a limited partnership company, shall manage the affairs entrusted to him/her with the care of a good manager in accordance with the principal place of the mandate.
set forth in the subsection.