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(영문) 대구지방법원포항지원 2016.09.09 2016가합10020

손해배상(기)

Text

1. Defendant D shall pay to the Plaintiff KRW 4,895,409 and the interest rate of KRW 15% per annum from February 2, 2016 to the date of full payment.

Reasons

1. Basic facts

A. While engaging in financial business, such as the receipt and loan of deposits and installment savings, the E-credit union was merged with the Plaintiff on October 30, 2015 (hereinafter “Plaintiff”), Defendant B, from around 2007 to the Plaintiff’s non-standing chief director, retired on October 21, 2015. Defendant C, as the head of the Plaintiff, and Defendant D, as the representative.

B. The Plaintiff carried out real estate-backed loans (hereinafter “each of the instant loans”) as listed below (However, in relation to F’s loans, the first loan was made to G, but the debtor was changed to F by acquiring a contract on January 31, 2012, and the above loan was made in connection with Youngcheon High Credit Union. The Youngcheon High Credit Union already carried out a loan of KRW 200,000,000 prior to the Plaintiff’s execution of the loan. The each of the instant loans was conducted by Defendant D, a working-level in charge of the loan, by evaluating the value of the collateral, and then determining the amount of the loan based on it, and then proposing a security item estimate, self-appraisal, loan transaction agreement, etc., it was conducted through the examination and approval by Defendant C as an intermediate manager and the final examination and approval procedure by Defendant B as the chief executive officer.

Since each of the loans of this case was not repaid, the auction procedure was conducted for each of the securities of this case, and the appraised value of each of the securities appraised at the auction procedure is as indicated below in the column for the appraisal value of the court.

Ultimately, with respect to each of the loans in this case, the Plaintiff failed to recover the amount stated in the following table “unclaimed amount”.

On June 16, 201, the appraised value of collateral held by the debtor on the date of loan 1H 1H 360,014,850 210,000 58,415,400 130,864,2512 K on July 28, 2012, 280 the remaining land of the Republic of Korea and J I and J 360,01.