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(영문) 대구지방법원 안동지원 2018.01.25 2017가합3212

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B and D jointly share KRW 26,705,100 and each of them shall be from May 9, 2017 to January 25, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff is established and operated for the purpose of credit business, etc., as prescribed by the Community Credit Cooperatives Act. The Plaintiff is a non-profit corporation dissolved on December 16, 2016. 2) Defendant B served as the Plaintiff’s president from January 26, 2004 to January 28, 2008. Defendant C served as the Plaintiff’s president from January 28, 2008 to January 27, 2016. Defendant D worked as the Plaintiff’s president from September 25, 1996 to the Plaintiff’s managing director from January 27, 2016 and worked as the Plaintiff’s president on December 16, 2016.

B. Article 24 subparag. 3 of the former Enforcement Decree of the Community Credit Cooperatives Act (amended by Presidential Decree No. 20305, Oct. 4, 2007) provides that “purchase of securities stipulated by the head of the relevant local government bonds and the head of the relevant federation” by means of managing surplus funds of community credit cooperatives. 2) According to the delegation of the above Enforcement Decree, the enforcement guidelines for supervision of community credit cooperatives (hereinafter “execution guidelines”) were enacted on November 30, 2005. The main contents of the enforcement regulations amended on September 26, 2006 are as follows.

Article 42 (Operation of Surplus Funds) (1) The methods of operating surplus funds pursuant to Article 24 of the Enforcement Decree shall be as follows:

5. Beneficiary certificates issued by asset management companies under the Indirect Investment Asset Management Business Act, or trust companies under the Trust Business Act, which fall under any of the following items:

(a) The ratio of inclusion of stocks, etc. in the method of asset management prescribed by the terms and conditions shall not exceed 30/100;

B. The terms and conditions stipulate that the method of operating assets under the terms and conditions shall be 1.0 million won on December 7, 2006, 400,000,000,000 in the Hanyang Global Securities Global Lived Global Livez on October 2, 2015, 300,000,000,000 on December 8, 2006, and 200,000,000,000,000 in the securities dubl’s securities, which was trusted on October 3, 2015, duz global securities duzed on October 250, 200,000 on November 30, 2007. < Amended by Act No. 13194, Nov. 4, 2015>