beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is as follows: (a) the part of the judgment of the court of first instance is used as the same as that of the judgment of the court of first instance; and (b) the new assertion made by the defendant C in this court is added to the judgment of the same as that of the judgment of the court of first instance.
2. Parts 2, 12, and 13 of Part 2, column 12, and 13, “Defendant C was registered as the representative director of the non-party company from May 1, 2007 to May 1, 2010, and Defendant C was registered as the representative director of the non-party company from May 1, 2007 to April 30, 2010, and was registered as the representative director of the non-party company from May 1, 2010 to the non-party company’s representative director from May 1, 2010,” respectively, and “201No605” in the last sentence of the second part as “2010No605.”
Article 401 of the Commercial Act is a requirement for a director to neglect his/her duties intentionally or by gross negligence (see, e.g., Supreme Court Decision 2000Da47316, Mar. 29, 2002). In a case where a director’s act of loyalty and breach of duty of care is illegal, it constitutes a case where he/she neglected his/her duties intentionally or by gross negligence (see, e.g., Supreme Court Decision 2000Da47316, Mar. 29, 2002). In a case where the representative director, who must represent the company externally and preside over the performance of his/her duties, fails to pay any attention to the other person in the course of performing his/her duties, and the representative director who is to command the company externally fails to pay any attention to the company’s business affairs, and thus, commits an act of negligence or gross negligence (see, e., Supreme Court Decision 2009Da95981, Feb. 11, 2010)
In Part 5, the phrase “registered as the representative director of the non-party company from May 1, 2010” in Part 21 shall be deemed to be the representative director of the non-party company until April 30, 2010, and from May 1, 2010, the non-party company shall have the power of representation.