1. The part against Defendant C and D among the judgment of the court of first instance is revoked, and the plaintiff falling under the revoked part is the defendant.

In the first instance trial, the Plaintiff primarily claimed the return of the loan under the monetary loan contract against the Defendant Company B (hereinafter “Defendant Company”), and subsequently filed a claim against the Defendants for damages arising from Defendant C and D’s tort liability, liability against the third party under the Commercial Act, liability against the director and auditor under the Commercial Act, and liability for the employer of the Defendant Company and the representative director under the Commercial Act, or liability for damages arising from the execution of business by

However, the first instance court dismissed the plaintiff's primary claim and the conjunctive claim against the defendant company, and partly accepted the conjunctive claim against the defendant C and D.

As to the conjunctive claim against the plaintiff among the part against the plaintiff, it is clear that defendant C and D filed each appeal against the part against the above defendants. Thus, only the conjunctive claim against the remaining defendants except the main claim against the defendant company that did not appeal shall be subject to the judgment of this court.

Facts of recognition

Around March 2011, E, the representative director of the Plaintiff, was the employee of F Co., Ltd. who was in charge of the fund management, requested G to deposit funds in the corporate account necessary for the Plaintiff’s business, and then to use the corporate account once.

G, upon the repeated request of E, knew that he was given such a request to Defendant D, a corporation F’s auditor and a real manager of the said company, and Defendant D, after hearing the answer that there is no problem in the system of the system of the U.S. lending the corporate account from G, he allowed G to lend its deposit account to G on March 8, 2011.

E, the representative director of the Plaintiff at the time, and H, who has overall control over the management of the Plaintiff, shall be the head of the Defendant company, the head of the Tong, and the corporate seal impression, which was kept by himself on March 8, 201, while the Plaintiff was present at the regular director I in charge of fund management.