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| TITLE | Supreme Court Decision 2017Da251694 Decided November 23, 2017【Damages (Etc.)】 [full Text] |
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| Summary | |
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[1] In cases where a creditor brings an action for multiple damage claims arising from different grounds at different points in time against the same debtor, whether the claim amount shall be specified by damage receivables (affirmative) Whether the court shall accordingly specify the amount to be granted by damage receivables (affirmative) Whether such legal doctrine likewise applies to a case where the creditor claims for only a part of multiple damage receivables (affirmative) Measure to be taken by the court in cases where the claim is not specified [2] In cases where an audit committee member of a joint stock company neglects his/her duty in violation of the duty of care as a good manager either by intent or negligence, whether he/she is liable to compensate the company for damages arising therefrom (affirmative) [3] Standard of determining whether an audit committee member of a financial institution neglected his/her duty in violation of the duty of care as a good manager [4] In a case where Mutual Savings Bank “A” brought an action claiming against Former Full-Time Audit Committee Member “B” for damages arising from illegal loans to Joint Stock Company “C,” etc., the case holding that the lower court erred by misapprehending the legal doctrine in determining otherwise when in fact there is enough room to view that “B” violated the duty of care of a good manager as an audit committee member |
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