손해배상(기)
1. The part against the defendant among the judgment of the court of first instance shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be dismissed.
1. The reasoning for this part of the lower court’s reasoning is as follows, except where Q is found to be “B” under the main sentence of Article 420 of the Civil Procedure Act, the corresponding part of the reasoning of the first instance judgment (from 3 to 9, up to 17 pages) is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. In light of the summary of the cause of the instant claim, the co-defendant C, the director of the first instance court, and the Co-Defendant D, the director of the Defendant, were remitted KRW 4.5 billion to the Co-Defendant D of the first instance court under the pretext of participation in the O’s capital increase, but actually purchased the said money with the intention to purchase the O’s shares with no economic value. As the O’s value is equivalent to KRW 4.5 billion, by deceiving B of the O’s purchase transaction, thereby causing property damage equivalent to KRW 4.5 billion to B by obtaining ratification of the O’s purchase transaction.
Therefore, the co-defendants of the first instance court are jointly and severally liable for damages amounting to KRW 4.5 billion due to unlawful acts under Articles 750 and 760 of the Civil Act or Article 401 of the Commercial Act, and the defendant is jointly and severally liable for the above illegal acts of the co-defendants of the first instance court, who are representative directors and directors, pursuant to Articles 35(1) and 756 of the Civil Act or Articles 389(3) and 210
Preliminaryly, the co-defendants of the first instance court committed a serious fault in receiving 4.5 billion won from B for the purpose of purchase of O old shares, without taking proper review, care, and measures on the objective value of O shares in charge of O old shares sales, and thereby, they suffered a loss equivalent to that amount.
Therefore, the co-defendants of the first instance court are jointly and severally liable for damages amounting to KRW 4.5 billion due to unlawful acts under Articles 750 and 760 of the Civil Act or Article 401 of the Commercial Act, and the defendant is jointly and severally liable for the above illegal acts of the co-defendants of the first instance court, who are representative directors and directors, pursuant to Articles 35(1) and 756 of the Civil Act or Articles 389(3) and 210
The plaintiff from the creditors B to B.