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(영문) 대구지방법원서부지원 2016.05.25 2015가단16242

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is a corporation established with the purpose of promoting the common interests of the members who engage in the two kinds of money business. The Defendant, while serving as the Plaintiff’s standing director, etc., was directed and supervised the overall association affairs including loan-related business, etc. on October 7, 2010.

B. 1) In the event that the goods are supplied on credit under the Plaintiff’s business regulations (e.g., means of credit transaction), the sales should be conducted within the agreed limit of the credit account receivable; and if the credit limit is exceeded, the transaction should be conducted by reducing the credit limit or securing additional security; 2) Nevertheless, the Plaintiff’s Vice-President and Standing D, an employee of C, were supplied over 173 occasions to the Korean Livestock Farming Association (hereinafter “Small-in Agricultural Association”) over 173 occasions from April 9, 2009 to May 28, 2010, exceeding the agreed limit of KRW 4,760,057,000.

3) Also, the director E and the managing director D, who are the Plaintiff’s employees, are the Plaintiff’s employees, and the director D, in total 10 times from November 6, 2008 to November 19, 200 of the same year, shall be referred to as “the company outside the country” (hereinafter referred to as “the company outside the country”).

(C) On August 27, 2010, the National Agricultural Cooperative Federation notified the Plaintiff on August 27, 2010 that the Defendant, a staff member C, D, E, and supervisor, made a decision to demand disciplinary action (C, E, D, D 6 months of suspension from office, and Defendant 6 months of suspension from office) with respect to excess transactions for which the Non-Party Association and the Non-Party Company had agreed to do so (hereinafter “excess transactions”).

2. Since May 27, 2015, the National Agricultural Cooperative Federation made the instant agreement with the Plaintiff on May 27, 2015.