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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning of the judgment of the court of first instance as to this case is as follows, except for the addition of the judgment on the assertion that the plaintiff added or emphasized in the trial, all of which are the same as the reasoning of the judgment of the court of first instance, thereby citing it as is in accordance with the main sentence of Article 420
2. The addition;
A. The gist of the Plaintiff’s assertion is only the internal director of the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) which is a co-Plaintiff in the first instance trial, and cannot be the counter-party to the lawsuit, but the Defendant intentionally files a lawsuit claiming damages by designating the Plaintiff as the counter-party to the lawsuit, thereby impairing the Plaintiff’s honor and becoming a person with bad credit standing, and thus, the Plaintiff is obliged to pay KRW 20,000,000 within the Defendant’s self
B. If a judgment director neglects his/her duties intentionally or by gross negligence, he/she shall be jointly and severally liable for damages to a third party.
(Article 401, Paragraph 1, Article 401 of the Commercial Act). The plaintiff is an internal director of the plaintiff company, and the plaintiff is a party to a lawsuit for damages under Article 401 of the Commercial Act.
In addition, in a lawsuit for performance, a person who asserts himself/herself as a person entitled to claim performance has standing to sue and is asserted as a person obligated to perform the plaintiff's standing to sue. Thus, regardless of whether the plaintiff is an oligopolistic shareholder of the plaintiff company in the first instance judgment,
Therefore, the prior plaintiff's assertion is rejected on a different premise.
In addition, even after examining the evidence duly adopted and examined by the first instance court, it is not recognized that the defendant abused his right as an intention to cause pain to the plaintiff by iceizing his realization of rights or the protection of rights in the lawsuit for damages against the plaintiff.
3. Conclusion, the plaintiff's objection.