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Defendant C’s KRW 49,300,000 and the following are 5% per annum from April 30, 2019 to October 29, 2020.
Reasons
The grounds for the claim against the defendant C are as shown in the attached Form of the claim.
The damages for delay calculated at the rate of "15% per annum or 12% per annum" under Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of the Act on Civil Procedure prior to damages for delay is not damages caused by Defendant C’s performance of duties. Thus, the damages for delay calculated at the rate of "5% per annum" under the Civil Act is recognized until the delivery date of a copy of the complaint of this case.
The auditor of the requesting corporation against Defendant D, as a necessary permanent agent of the company, has the authority and duties prescribed by the Commercial Act and other Acts and subordinate statutes or the articles of incorporation, such as having the authority to monitor the overall management of directors, including the audit.
An auditor shall perform such authority and duties with the care of a good manager, and an auditor shall be liable for damages suffered by a third party if he/she has neglected his/her duties in bad faith or by gross negligence.
(See Supreme Court Decision 2017Da244115 Decided November 28, 2019, supra, Article 414(2) of the Commercial Act and Supreme Court Decision 2017Da24115 Decided November 28, 2019). In addition, the auditor’s duty as above extends to the performance of his/her duties,
However, it cannot be readily concluded that the auditor had a duty to perform his/her duties whenever he/she causes damage to another person due to the performance of duties by directors, etc., and even though the auditor was aware of illegal performance of duties by directors, etc., he/she did not take
It should be recognized that the circumstances such as the failure to recognize it by gross negligence even though it could have been recognized.
However, in addition to the loss that the plaintiff could not receive the price due to the deception of F, which is the actual operator of E, the defendant D, as the auditor, is in relation to the illegal execution of duties.