1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons for the court's explanation of the instant case are as stated in the reasoning of the judgment of the first instance, except for the modification and addition as set forth in the following paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The following shall be added between the 5th page 3 and 4 of the first instance judgment on the part to be modified and added:

Nos. 5 through 8 of the first instance judgment of "No dispute exists between the parties that the defendant was subject to a disposition by an investigative agency for non-guilty charges, but the above recognition that the defendant aided and abetted the illegal acts of C is insufficient," shall be amended as follows.

Unless it brings about the result contrary to the idea of comparative negligence, fairness or good faith, the limitation of liability based on comparative negligence or the principle of equity should be always possible even in cases of intentional tort. However, if the limitation of liability is recognized, the perpetrator ultimately holds profits arising from the tort (see Supreme Court Decision 2006Da16758, Oct. 25, 2007). According to the above facts, according to the above facts, the defendant acquired money from the accomplice as well as intentional tort, i.e., embezzlement, and embezzlement, and the profits acquired therefrom are divided among the accomplices (the defendant also acquired money exceeding five million won).

) Since it is obvious that there exists the Plaintiff’s negligence, even if there exists the Plaintiff’s negligence in such a case, if the Plaintiff’s negligence is set off or the liability for damages is limited, the Defendant’s assertion to the effect that the Plaintiff’s loss should be limited due to the fact that the Plaintiff’s loss was not properly audited, and that the Plaintiff’s liability should be limited is not accepted.

3. Conclusion.