All appeals are dismissed.

The costs of appeal by the plaintiff are assessed against the plaintiff and the defendant.

The grounds of appeal are examined.

1. Judgment on the Plaintiff’s grounds of appeal

A. As to the ground of appeal No. 1, on the grounds indicated in its reasoning, the lower court determined that the evidence submitted by the Plaintiff alone was insufficient to recognize that the Defendant, the representative director of the Plaintiff, continued to proceed with the Plaintiff’s business (hereinafter “F”) by establishing a company F (hereinafter “F”), the subsidiary company, without suspending the Plaintiff’s business (hereinafter “instant business”) on or around December 2007.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by misapprehending the legal doctrine on the judgment criteria for breach of fiduciary duty

B. As to the ground of appeal No. 2, the obligor’s liability may be limited in order to ensure fairness in the burden of damages when calculating the obligor’s damages due to tort or nonperformance (see, e.g., Supreme Court Decision 2012Da107662, Mar. 20, 2015). The fact-finding of the grounds for limitation of liability or setting the ratio thereof is the exclusive authority of the fact-finding court, unless it is remarkably unreasonable in light of the principle of equity.

(2) In light of the aforementioned legal principles and records, the lower court’s finding of facts as to the grounds for limitation of liability or its determination cannot be considerably unreasonable in light of the principle of equity, and thus, the allegation in the grounds of appeal on this part is rejected.

2. Judgment on the Defendant’s grounds of appeal

A. As to the ground of appeal No. 1, the lower court, on the grounds indicated in its reasoning, provides funds to F who did not have the ability to recover claims without having the Defendant take reasonable measures, such as having the Plaintiff receive collateral.