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(영문) 대구고등법원 2018.02.01 2017나21702
손해배상(기)
Text

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.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, and the reasoning of the judgment of the court of first instance citing the instant case is the same as that of the judgment of the court of first instance, and thus, it cites it as it is in accordance with the main sentence of

2. The portion to be determined additionally by the trial (Judgment on the plaintiff's assertion)

A. The Plaintiff’s assertion of joint tort liability 1) Defendant C prepared documents related to loans when Defendant B, as the representative director of the Plaintiff, obtained the Plaintiff’s real estate loans as collateral, and attempted to remit the Plaintiff’s loans to the Defendant B for embezzlement. Defendant D did not block Defendant B, his father, while working for the Plaintiff’s shareholders and directors, knew that Defendant B embezzled the Plaintiff’s loans, which he had been in charge of raising funds, building rental, etc., while working for his father, but did not block the act. Defendant B’s payment of KRW 610,00,000 out of the embezzlement amount of Defendant B’s embezzlement amount to the Plaintiff’s account and used to purchase an apartment. Defendant C participated in the Plaintiff’s company as promoters at the time of its establishment and did not prevent Defendant B from taking advantage of the fact that Defendant B embezzled embezzled the Plaintiff’s loans. Accordingly, Defendant C, D, and E, as a representative director or director, should not assist Defendant B’s illegal act, and thus, Defendant B’s joint tort-related joint tort-related joint tort requires and joint tort-related joint tort.

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