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(영문) 서울고등법원 2018.11.16 2018나2000150

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The reasons why the court accepted the judgment of the court of first instance are stated in this part are as follows.

Except for partial dismissal or deletion as stated in the main sentence of Article 420 of the Civil Procedure Act, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(b) The expression “Plaintiff C” in the part “1. Basic Facts” as above shall be written in a lump sum of “Plaintiff C” in the first instance trial.

The fourth five to seven classes of the first instance judgment of the court of first instance shall be comprised of "each person who has served as outside directors, and has served as outside directors or has performed duties."

The deletion shall be made from 8 to 14 under the 7th page of the judgment of the first instance.

2. The gist of the plaintiffs' assertion L is that although the grounds for termination of the above contract between the plaintiffs do not exist, it unilaterally terminates the contract, and thereby, the plaintiffs suffered a loss equivalent to the profits that the contract would have accrued when the contract remains in existence. Therefore, the plaintiffs are liable to compensate for such loss.

On the other hand, the damage of the plaintiffs is caused by the defendants who are the representative director, director, or business manager of L, due to their intentional or gross negligence in the course of performing their duties. Thus, the defendants are jointly and severally liable with L under Articles 401(1) and 401-2(2) of the Commercial Act to compensate the plaintiffs for the damage or bear liability for tort under Article 750 of the Civil Act.

Therefore, the Defendants are jointly and severally liable to pay 200,000,100 won and damages for delay as part of each amount of damages suffered by the Plaintiffs.

3. The reasoning for this part of the court’s judgment on this defense is as follows: “3. Determination on this defense” between the 8 and 10 pages of the judgment of the court of first instance.