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(영문) 부산고등법원(창원) 2020.09.17 2020나10889
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reason why this court's reasoning is stated in this part is as stated in the part of "1. Facts recognized" among the reasons for the judgment of the court of first instance. Thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the plaintiff's assertion

A. The Defendants’ act of violating their duty was conducted without undergoing the resolution of the local council, the internal procedures such as lawful approval, the procedures for consultation with the property manager, and the financial investment examination under the former Local Finance Act, and concluded the instant agreement on the transfer of status between the Plaintiff and the O, etc., and the Defendants prepared and exercised the false official document in the process.

In addition, Defendant C violated the “Rules on Full-Time Settlement of Military Affairs” or “Rules on Acting Conduct of Military Affairs” while preparing the Plaintiff’s official document, and Defendant C breached the duty of supervision and supervision and duty of care with respect to Defendant C.

B. In accordance with the pertinent civil procedure with O, the Plaintiff compensated the O for the amount equivalent to 5% per annum from July 30, 2015 to November 29, 2017, and 15% per annum from the next day to the date of full payment, which constitutes “7 billion won and the amount equivalent to 77% per annum from July 30, 2015 to November 29, 2017,” and paid 50 million won for the aforementioned related civil procedure.

C. Defendant B as the Plaintiff’s representative and tort liability 1) Articles 35(1) and 35(1)35(1) of the Civil Act of the Plaintiff is liable to compensate for damages incurred by a director or other representative in connection with his/her duties to another person. The director or other representative shall not be exempt from liability for damages. Articles 756 and 756(Liability 1) are applicable to any of his/her duties.

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