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(영문) 서울고등법원 2018.12.05 2017나2053799

손해배상(기)

Text

1. Defendant C’s portion of the judgment of the court of first instance against Defendant C, which exceeds the following payment order:

Reasons

1. Basic facts

A. 1 Status of the Parties A, a bankrupt corporation A (hereinafter “A”)

(2) On October 29, 2013, the Plaintiff was declared bankrupt by the Seoul Central District Court Decision 2013Hahap161, as a juristic person established under the Mutual Saving and Finance Company Act for the purpose of credit fraternity business, credit installment savings business, receipt of deposits and installment savings, loan business, etc. The Plaintiff was appointed as a trustee in bankruptcy under the above bankruptcy procedure. (2) The Defendants are former officers and employees of A, and their status and their terms of office are as listed below.

C representative director 1 C in the tenure of office of the defendant, from September 24, 2004 to June 23, 2006, to June 20, 2006, the J representative director L from September 3, 2008 to September 11, 2008, from June 23, 2006 to September 4, 2008, to June 23, 2006 to June 5, 19, 2010 to June 5, 2007 to June 20, 2008 to June 5, 2007 to June 20, 2008, the head of the special sales team from September 17, 2010 to June 30, 200 to June 20, 2008.

From May 6, 2013 to August 14, 2013, the Korea Deposit Insurance Corporation investigated whether the Korea Deposit Insurance Corporation violated the Mutual Savings Banks Act and the standard loan regulations for mutual savings banks and conducted an investigation into the liability of insolvency against A and its related persons.

As a result of the above study, the part related to this case among the details that the Korea Deposit Insurance Corporation deemed to constitute an unfair loans, etc. are as follows:

(1) Each of the following shall be indicated as the name of each of the Borrower: (a) the borrower shall be named as the name of each of the following subparagraphs: (b) the loan Nos. 1 through 9 shall be named as the "loan"; and (c) No. 10 shall be indicated as the "the settlement of accounts of this case"; (d) the loan execution amount of the loan execution amount of the borrower as of the date of carrying out the loan No. 10; and (e) the purpose of damages for the loan execution amount of the loan and the details of the business; and (e) the unfair loan handling of the Defendants who participated in the loan execution amount of the loan, Inc. 4.4.14 billion won on October 28, 2005, Nam-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, Inc. 3.5.128 billion won on July 13, 2006, the Seoul Special Metropolitan City New Airport Project Co., Ltd. 3., Apr. 26, 2006