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(영문) 서울고등법원 2020.01.16 2018나2031772
대여금 등
Text

1. Of the judgment of the first instance, the parts concerning Defendant D, E, and F are modified as follows.

Defendant D, E, and F are defendants.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except for the following modification or addition pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The 11th written judgment of the court of first instance regarding the amendment and addition is dismissed as follows: “A disposition not to institute a public prosecution against Defendant D, or E”; “Defendant D also received a disposition not to be suspected of being suspected of being suspected of being suspected of being guilty of having committed fraud on August 13, 2015, and of having violated the Act on the Prevention of Fraud and Unauthorized Receiving Act” following the 12th sentence; and “3 through 13 evidence” of the 13th sentence is deemed as “3 through 13, and 15 evidence”.

At the end of the 18th sentence of the first instance judgment, the defendant D and E were subject to a disposition by an investigative agency to the effect that they were suspected of violating the law on the act of fund-raising without permission, etc., thereby not hindering the recognition of civil liability as above.

The following parts are added to the 6th sentence of the first instance judgment, and the 7th sentence "Commercial Act" is added to the "this Commercial Act".

Article 401 (1) of the Commercial Act provides that "if a director has neglected to perform his/her duties intentionally or by gross negligence, he/she shall be jointly and severally liable to compensate for damage to a third party, and Article 415 shall also apply mutatis mutandis to the auditor." Article 22 (1) of the first instance judgment of "the fact that the fact was stated," and Article 13 (1) of the Commercial Act shall be deemed "the fact that the fact was stated," and the "violation of duty of care and good faith" shall be deemed "duty of care and good faith".

The following shall be added to the fourth parallel of the judgment of the first instance.

“4) The liability for joint tort under the Civil Act due to the act of fund-raising by Defendant D and E is one of the quasi-joint and several liability. The liability for damages under the above Commercial Act due to the breach of duties by Defendant E and F’s director and auditor is one of the joint and several liability. Such obligation of Defendant D, etc. is one of the obligation for the repayment of loans by the Defendant Company under the above 2.

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