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(영문) 대법원 2017.05.17 2014다226031
손해배상(기)
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

1. We examine Defendant D’s grounds of appeal and the assertion of misapprehension of legal principles as to the violation of fiduciary duty of officers of financial institutions among Defendant E, F, G, and H’s grounds of appeal.

For the reasons indicated in its holding, the lower court rejected Defendant D’s assertion on the following grounds: (a) the Defendants were negligent in consenting to the resolution approving the lending of loans to M Co., Ltd. (hereinafter “M”) and N Co., Ltd. (hereinafter “N”); (b) the Defendants were working as full-time audit committee members; (c) the Defendants cannot be held liable as directors; and (d) the auditors were adequately pointed out about the reduction of the size of loans to large shareholders; and (e) there was no

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the violation of the fiduciary duty of an officer of a financial institution and the liability of standing auditor.

2. We examine ex officio Defendant D’s assertion that the remaining Defendants erred by misapprehending the legal doctrine on the specification of damage claim under the grounds of appeal. A. As to the allegation, we examine the remaining Defendants’ assertion.

Even if an obligee has several damage claims against the same obligor, so long as the damage claims are separate claims that differ from the time when the damage claims accrue and the cause thereof, they constitute separate subject-matter of lawsuit. Since the date of commencement of extinctive prescription and the defenses asserted by the obligor may differ, the obligee seeking this lawsuit must specify the amount of the claim for each damage claim, and the court should specify the amount of the award for each damage claim. This legal principle also applies where the obligee claims only one of several damage claims.

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