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(영문) 창원지방법원거창지원 2017.04.18 2016가단11207

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C had been subject to disciplinary action around December 2, 2015, when serving as the head of the Embiro treatment plant operated by the Plaintiff from January 31, 2012 to August 20, 2015, and the Defendant and her husband F are the Plaintiff’s members.

B. C’s tort 1) In the event of credit sales as the head of the E-U.S. processing plant, C’s duty was to perform its duties in accordance with the internal regulations of agricultural cooperatives, such as setting the credit limit in advance and obtaining personal and physical security upon credit investigation of the debtor. Nevertheless, C violated the above duty, and thereby it was difficult for the Plaintiff to recover KRW 1,384,468,00 out of the above price as a total of KRW 1,388,80,00 from November 2, 2012 to January 2, 2015, G supplied grain equivalent to KRW 1,398,88,000 in total at the He-U.S. processing plant substantially operated by G without setting the credit limit, but without acquiring a separate personal and physical security, thereby making it difficult to recover KRW 1,384,000,000 from the above price to obtain KRW 524,69,000,000 from the J around March 2, 20148.

(2) On May 2015, while having been in custody of the money owned by the Plaintiff as the head of the Embrym treatment plant, C transferred KRW 600 million to the Cheonger’s account for the purchase price of grain and embezzled KRW 600 million owned by the Plaintiff, which was arbitrarily used for the business, even though he did not receive Cheonger’s grain from Cheonger International Co., Ltd. (hereinafter “Cheonger”).

The duty of care to thoroughly manage the grain in custody, which is the head of the Emireale treatment plant. 3C has the duty of care to thoroughly manage it.