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1. The plaintiff's appeal against the defendants is dismissed in entirety.
The plaintiff's defendants expanded in the trial against the defendant.
Reasons
The reasoning for this Court’s explanation is as follows: (a) delete the list between the fourth and fifth pages of the judgment of the court of first instance; and (b) rule 7 of the fourth and seventh is “attached Table 1 and 2”; and (c) accept the list in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is the same as the part of “1. Basic Facts” of the judgment of the court of first instance, the list shall be cited.
Plaintiff’s assertion
Although the Defendants, as a director of E, have a duty to monitor the performance of the duties of Defendant Counterclaim Plaintiff B (hereinafter “B”), the representative director of the first instance court (hereinafter “Defendant Counterclaim”) (hereinafter “Defendant Counterclaim”), as seen earlier in relation to the duties of E, by deceiving the Plaintiff, by deceiving the Plaintiff, and neglecting the said money to prevent illegal acts using the said money for any purpose other than the duties of E, and by making the Plaintiff be forced to substitute for the obligations borne by E and exercise the right to indemnity against E, the Defendants suffered damages equivalent to KRW 4,702,990,000 in total, as shown in attached Table 1 and Table 2 (except for Nos. 6 of Crimes List 2).
Accordingly, pursuant to Article 401 of the Commercial Act, the Plaintiff seeks to jointly and severally pay KRW 2,00,000,000 to the Defendants as part of the said damages.
Judgment
(1) Article 401 of the Commercial Act provides that if directors have neglected to perform their duties in bad faith or by gross negligence, they shall be jointly and severally liable for damages to a third party. In the original case, the directors, upon delegation by the company, have breached their duty of care as a good manager against the company, and have breached their duty of care as a third party.
It does not naturally result in the obligation to compensate for damages, but it is due to the directors' bad faith or gross negligence in order to protect a third party considering the activities of a corporation with an important status in economy and society dependent on the performance of duties of the director who is the institution.