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(영문) 대구지방법원 2016.11.23 2016나305394

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The status of the parties is a corporation established for the purpose of promoting the common interest of the members who engage in the two kinds of money business. The Defendant, while serving as the Plaintiff’s standing director, etc., was directed and supervised the overall association affairs including loan-related business, etc. on October 7, 2010.

B. 1) In the event that the goods are supplied on credit under the Plaintiff’s business regulations (e.g., financing method), the sales should be frequently conducted within the agreed limit of the credit account receivable, and if the credit limit is exceeded, measures should be taken so as not to hinder the preservation of claims, such as reducing the credit limit or securing additional security against the customer whose credit limit is exceeded. 2) Nevertheless, the Plaintiff’s employees C and the Standing D, an employee of the Plaintiff, were supplied to the Korean Livestock Farming Association (hereinafter “Small-in Stock Association”) in excess of the agreed 4,760,057,000 won for 173 times from April 9, 2009 to May 28, 2010.

3) Also, the director E and the managing director D, who are the Plaintiff’s employees, are the Plaintiff’s employees, and the director D, in total 10 times from November 6, 2008 to November 19, 200 of the same year, shall be referred to as “the company outside the country” (hereinafter referred to as “the company outside the country”).

(C) On August 27, 2010, the National Agricultural Cooperative Federation notified the Plaintiff on August 27, 2010 that the Defendant, a staff member C, D, E, and supervisor, made a decision to demand disciplinary action (C, E, D, D 6 months of suspension from office, and Defendant 6 months of suspension from office) with respect to excess transactions for which the Non-Party Association and the Non-Party Company had agreed to do so (hereinafter “excess transactions”).

2. Since May 27, 2015, the National Agricultural Cooperative Federation made the instant agreement with the Plaintiff on May 27, 2015.