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(영문) 서울고등법원 2016.03.10 2015나18741

손해배상(기)

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant shall pay to the plaintiff KRW 656,584,247 and 289,00 among them.

Reasons

1. Facts of recognition;

A. The Korea Deposit Insurance Corporation filed a lawsuit against 15 persons, including the Defendant, who was the PP at the O branch of the Non-Party Credit Union (hereinafter “Non-Party Credit Union”) in Seoul District Court 2001Kahap61697, seeking compensation for damages due to illegal credit acts.

B. On June 5, 2003, the above court violated the duty of good faith and due care as a good manager with respect to the non-party credit cooperative, which is the employer, as the beneficiary of the non-party credit cooperative, and violated it. The judgment of the court below that the defendant paid 289,00,000 won to the bankruptcy trustee and 20% interest per annum from April 30, 200 to May 31, 2003, and 200% interest per annum from the next day to the day of full payment (hereinafter the above judgment of the court below). The judgment of the court below became final and conclusive around the time of the above judgment against the defendant.

C. On June 30, 2009, the Korea Deposit Insurance Corporation transferred to the Plaintiff claims arising from the judgment prior to the instant case (hereinafter “instant claim”), and notified the Defendant of the assignment of claims on July 14, 2009.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 3-11-3, Gap evidence 4-11, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the defendant shall pay to the plaintiff who is the transferee of the judgment bond of this case, and 20% per annum from April 30, 2002 to June 30, 2009 to June 30, 2009 the principal and interest of 656,584,247 won (the principal of compensation for damages of 289,00,000 won and damages for delay from April 30, 2002 to June 30, 2009) and the damages principal of 289,00,000,000 won among them.