손해배상(기)
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.
1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of “the 2nd following the second instance judgment” to the following: therefore, the same shall apply in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Meanwhile, Defendant BO asserts to the effect that it is jointly and severally liable for damages to the Plaintiffs pursuant to Article 210 of the Commercial Act. Where the representative director of a corporation causes damage to another person by intention or negligence in the course of performing his/her duties, the corporation shall be liable for damages to a third party pursuant to Articles 389(3) and 210 of the Commercial Act, and the representative director shall also be liable for joint tort with the corporation under Article 750 of the Civil Act or Articles 389(3) and 210 of the Commercial Act (see, e.g., Supreme Court Decision 2005Da55473, May 31, 2007). However, in this case where there is insufficient evidence to view that Defendant BO, the representative director of the corporation, is jointly and severally liable for damages to the Plaintiffs, it cannot be deemed that Defendant BO is liable for damages jointly with the Defendant company under Articles 389(3) and 210 of the Commercial Act. Therefore, the above Plaintiffs’ assertion cannot be accepted.
2. In conclusion, the plaintiffs' claims against the defendant company of this case are justified within the above scope of recognition, and each of the remaining claims against the defendant company of this case and the claims against the defendant BO against the defendant company shall be dismissed in its entirety. Since the judgment of the court of first instance is just in conclusion, all appeals against the defendants are dismissed in its entirety. It is so decided as per Disposition.