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(영문) 서울행정법원 2017.10.26 2017구합67377

제재처분 취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From February 24, 2014, the Plaintiff is a person who served as the president of the B-Credit Union (hereinafter “instant Union”) from February 24, 2014 to the present date.

B. The instant association had granted a loan to its members as shown in the attached Table 1 [Attachment 1] and [Attachment 2]. However, in relation to each of the above loans, there were grounds for reclassification of asset soundness, such as seizure, auction, closure, suspension of business, etc. (hereinafter “grounds for reclassification”), such as the stated in the “reasons for Reclassification” of the same Table.

C. From November 2, 2015 to November 13, 2013 of the same month, the Financial Supervisory Service conducted sector inspection (from October 1, 2014 to November 13, 2015) on the instant cooperative. The Financial Supervisory Service calculated the ratio of excessive appropriation of net capital according to the unfair classification for asset soundness as of the closing date of fiscal year 2014 (from December 31, 2014) and the end date of the maximum quarter during the object of inspection ( September 30, 2015), and as of December 31, 2014, it did not reflect the 213 members, including C, in classifying asset soundness of 13 members, including C, in total, 3.6 billion won, without reflecting the reclassification of the instant reasons, to the net appropriation rate of 3.6 billion won in total as of December 31, 2014, 203 billion won and 4.5 billion won in bad debt allowances as shown below:

(Unit: (Unit: KRW 9201,235) calculated on September 30, 2015, the amount of increase or decrease in the allowance for bad debts as of December 31, 2014, as of September 30, 2015, the amount of increase or decrease in the allowance for bad debts as of December 31, 2015, which was 90316 of the △△△△△△△ 178 △△△△△△△△ 428, 1259, 76470, the estimated loss of KRW 125 △△△△△ 125, the estimated amount of increase or decrease in the allowance for bad debts as of December 1, 20