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(영문) 대전지방법원 2019.09.27 2018나118242
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, 90% is the Plaintiff, and 10% is the Defendant respectively.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and the defendant's assertion added by this court is identical to the reasons for the judgment of the court of first instance, except for the addition of "2. Additional Judgment" as to the assertion added by this court, and thus, it is citing it as it is in accordance with the main sentence of

2 The Court's "this Court" of the 11th and 5th and 6th to be the "Gongju Branch of Daejeon District Court".

4 The "Witness" of the 15th, 5th and 17 second shall be regarded as "the first instance court witness".

4 The 19 line "welve" shall be changed to "welve".

The “G” of the 5th, 12 lines, 13 lines, and 21 lines shall be read as “E”.

The 6th judgment of the court of first instance is the 7th judgment.

2. Additional determination

A. The Defendant-Appellant did not adopt any other resolution within two years after the Plaintiff approved the financial statements at the ordinary general meeting of shareholders. Therefore, it should be deemed that the Defendant, a director, released the Defendant’s liability pursuant to Article 450 of the Commercial Act.

B. The cancellation of directors’ liability under Article 450 of the Commercial Act is limited to a case where financial statements, etc. are approved at the ordinary meeting of shareholders by stating the grounds for liability (Supreme Court Decision 2007Da60080, Dec. 13, 2007). There is no proof as to the facts that the Plaintiff approved the financial statements, etc. at the ordinary meeting of shareholders by stating the grounds for the Defendant’s responsibility in the financial statements, etc

3. The judgment of the first instance is just, and all appeals filed by the plaintiff and the defendant are dismissed.

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