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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The reasoning for this part of the basic facts is that of the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Relevant legal principles
A. Since a director (including a representative) of a stock company is in a delegation relationship with the company, he/she shall perform his/her duties in accordance with the care of a good manager and shall faithfully perform his/her duties for the company in accordance with the statutes and the articles of incorporation (Article 382(2) of the Commercial Act, Article 681 of the Civil Act, and Article 382-3 of the Commercial Act). If a director commits an act in violation of statutes or the articles of incorporation
(Article 399(1)(b) of the Commercial Act.
An officer of a financial institution has the duty of care as a good manager to a financial institution to which he belongs, and thus, he/she shall be deemed to have fulfilled his/her duty as an officer when he/she faithfully performs his/her duty. However, in cases where a financial institution is liable for damages due to non-performance of obligation against an officer on the ground of his/her neglect of duty related to a loan, even if the loan made by an officer was caused as a result of difficult recovery or impossible recovery, it cannot be readily concluded that the judgment of the officer who issued the loan decision is in breach of the duty of care or duty of loyalty. If a reasonable financial institution's officer conducts a loan examination in accordance with the good faith for the maximum interest of the company in accordance with due process with reasonable information, unless there is any substantial unreasonable reason in the decision making process, the officer's business judgment is within the permissible discretion and is in good faith to the company.