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(영문) 대전지방법원 2019.11.29 2018나117270 (1)
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The scope of the appellate court’s judgment recognized the Plaintiff’s right to claim reimbursement against the Defendants, and rejected the Plaintiff’s claim by accepting the set-off defense by the Defendants, and only the Plaintiff appealed. As such, the scope of the appellate court’s judgment is limited to “the Defendant’s claim for offset.”

2. The Plaintiff’s assertion by the Defendants is liable to compensate Defendant B for damages arising from a tort, in accordance with Articles 750 and 760 of the Civil Act, since he/she participated in or she aided in the embezzlement

In addition, the plaintiff is liable for damages to the defendant B in accordance with Articles 567 and 399 of the Commercial Act, since the plaintiff violated the duty of loyalty and fiduciary duty as a director of defendant B.

The Defendants shall set off such damage claim that Defendant B has against the Plaintiff as an automatic claim within the scope of equal amount with the Plaintiff’s claim for reimbursement of this case.

3. 3-B of the reasoning of the judgment of the court of first instance, except for addition or deletion as follows.

Therefore, the above part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Then, “as indicated below” was added in front of the sixth line of the judgment of the first instance, and the fourth line was embezzled, and the following table was added. The amount of embezzlement on the embezzlement date is KRW 911,150 on September 26, 2013; KRW 300,500 on September 26, 2013; KRW 400,00 on September 26, 2013; KRW 50,000 on September 16, 2013; KRW 60,00 on September 16, 2013; KRW 50,000 on September 27, 2013; KRW 60,000 on September 1, 2013; KRW 60,000 on September 27, 2013; KRW 60,000 on September 1, 200; KRW 30,300 on September 13, 2013.

A. The evidence submitted by the Defendants as to whether a joint tort is recognized is recognized that the Plaintiff committed a tort jointly with G, such as participating in or aiding and abetting the G’s tort.

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