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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, given that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following “the second appeal”
2. Article 3-1 of the judgment of the court of first instance on the ground that the appeal is dismissed.
subsection (1) shall be filled by the following:
A. Determination as to the claim against Defendant B and C: (a) Whether the representative director or auditor of Defendant B and C is liable for damages under Articles 399 and 414 of the Commercial Act; (b) whether the representative director or auditor of a stock company is practically liable for the performance of his duties as the representative director or auditor; and (c) not performing his duties at all by means of lending only his name to the director, etc. without any intention to perform his duties as the representative director or auditor constitutes an act in itself that violates the duty of loyalty and duty of care of the representative director and auditor (see, e.g., Supreme Court Decisions 2002Da7044, Apr. 11, 2003; 2007Da53785, Nov. 12, 2009).
(B) It is insufficient to recognize that he participated or left alone with the knowledge of the act of provisional payment of shares, and there is no other evidence to acknowledge otherwise. However, Defendant B and C have lent the name of representative director and auditor, and have not performed his duties at all. The evidence submitted also acknowledged the same fact. In light of the above legal principles, Defendant B and C neglected the act of provisional payment of shares of H et al. in violation of the duty of loyalty and duty of care, and thus, Defendant B and C neglected the act of provisional payment of shares of H et al.., thus, the Plaintiff is liable to compensate for damages suffered by the Plaintiff. (B) Furthermore, in issuing the shares of this case, the issue
The best payment of stock price does not actually increase the company's capital, but is made for registration.