beta
Text
1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and all of the plaintiff's claims corresponding to the revocation part shall be revoked.
Reasons
1. The basic facts;
2. The grounds for the court’s explanation on the defense prior to the merits of Defendant B and C are as stated in 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.
3. Judgment on the merits
A. The Plaintiff’s cause of the claim lies in the Defendant’s damage claim or the claim for return of unjust enrichment against the Defendants. As the obligee of the Busan Savings Bank, the obligee of D, the obligee of D, seeking performance of the damage claim or the obligation for return of unjust enrichment against the Defendants in subrogation of the insolvent D.
1) The officers and employees of the Busan Savings Bank are obligated to compensate for damages equivalent to the benefits they received in accordance with Articles 567 and 399 of the Commercial Act, since they borrowed the name of director or auditor from the Defendants in order to engage in management consulting business by avoiding restrictions under the Mutual Savings Bank Act by establishing and operating D, and paid wages to the Defendants who do not perform their duties as the director or auditor, the Defendants involved in the tort. The Defendants are liable to compensate for damages equivalent to the benefits they received in D, respectively. (2) Defendants A, B, as the representative director or director of D, did not perform their duties, but did not perform their duties intentionally, or neglected their duties by taking part in the resolution of D board of directors. Accordingly, Defendant A, B, as the auditor of D, was liable to compensate for damages equivalent to the benefits they received in accordance with Article 570 of the Commercial Act and Article 414 of the Commercial Act.
3) The claim for restitution of unjust enrichment is filed.