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(영문) 춘천지방법원강릉지원 2015.08.18 2015가단2412

손해배상(기)

Text

1. The plaintiff

A. Defendant B shall be 58,092,823 won and 20% per annum from May 1, 2015 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The plaintiff is a credit union conducting credit business, etc., and the defendant B served as the plaintiff's credit department or the head of the business division from December 13, 2003, and retired on October 31, 2014. The defendant C is a partner of the defendant B, who provided a personal guarantee that the defendant B is jointly and severally liable for damages to the plaintiff during the next two years of employment on December 13, 2003, December 12, 2005, and June 3, 2008, each of the plaintiffs as the partner of the defendant B, and the defendant B is jointly and severally liable for damages to the plaintiff during the next two years of employment (hereinafter "the loan of this case"). The defendant B is a person who provided a personal guarantee that the defendant B is jointly and severally liable for damages to the plaintiff during the next two years of employment on April 11, 2005.

(B) In the process of counseling, receipt, and loan execution, the instant loan was in charge of the instant secured real estate loan with two land E and F as well as commercial buildings on its ground (hereinafter collectively referred to as “instant secured real estate”). However, in the instant secured real estate, the assessed value was calculated as KRW 831,717,000, and the instant secured real estate was KRW 70,000, senior lease deposit amounting to KRW 156,000,000, and KRW 30,000,000 (=70,000,0000,000,000, in total, for the instant secured real estate.

C) According to Section 1, Section 1, Section 4, Section 1, Section 2, of Part I of the Credit Operating Manual, when a credit union handles a loan of real estate other than a house as collateral, it shall treat the loan within the limit of the amount obtained by deducting the senior amount of credit from the amount equivalent to 70% of the appraised value of the collateral. According to the above Credit Operating Manual, Defendant B shall have 326,201,90 won (=582,717,000 won subtracting the senior amount of credit 256,000 won from the appraised value of the collateral real estate of this case from the assessed value of 582,201,90 won (=582,201,900 won x 326,00,000 won) in violation of the above Credit Operating Manual.