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1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
The defendant shall be the plaintiff and the first instance court.
Reasons
1. Quotation of the first instance judgment
A. The reasoning of the judgment of the court below is as follows. The part of the judgment of the court of first instance No. 16, No. 14, is below.
Except for amendments as stated in paragraph (1), the reasoning of the first instance judgment is identical to that of the first instance judgment, and such amendments are cited in accordance with the main sentence of Article 420
B. In a case where an executive officer or employee of a financial institution is liable for damages to the financial institution due to an act in violation of statutes or the articles of incorporation or a failure to perform his/her duties, the scope of damages can be limited in light of the ideology of the damage compensation system, taking into account all the circumstances, such as the content and nature of the business in question, the background and mode of violation of duties of the executive officer or employee, objective circumstances or degree of involvement in the occurrence and expansion of damages to the financial institution, whether the executive or employee contributed to a certain level to ordinary financial institution, whether the executive or employee took profits from the violation of duties, whether the organization of the financial institution or whether the risk management system of the financial institution was defective or not.
(2) The court below held that each tortfeasor is liable to compensate for damages caused by a joint tort, not for damages caused by each tortfeasor's act, but for a tort jointly committed by each tortfeasor. Thus, the scope of liability for damages caused by a joint tort shall be determined by comprehensively assessing all of the tortfeasor's act in relation to the victim, and the amount of compensation for damages shall be borne by each tortfeasor. The extent of liability for damages caused by a joint tort shall be limited to the amount of compensation for damages, even if the degree of liability is minor compared to other tortfeasors, the scope of the tortfeasor's liability shall be limited to part of the amount of compensation for damages determined as above.