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(영문) 대구지방법원 2015.01.28 2014가단122235
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the president of L community credit cooperatives (formerly: M community credit cooperatives: hereinafter “instant credit cooperatives”); Defendant C is the vice president; Defendant D, E, F, G, H, and I are directors of the said credit cooperatives; Defendant J and K are auditors of the said credit cooperatives.

B. N served as an employee in the deposit accounts, public charges, etc. of the instant credit cooperative from October 2, 1991 to March 31, 2013.

The Plaintiff is a fidelity guarantor who entered into a contract for fidelity guarantee to compensate the damage to the Defendant’s safe while N was working in the instant safe from October 1, 2007 to September 30, 2013.

C. Between January 29, 2009 and January 18, 2013, N embezzled KRW 1,572,569,410 in total as the method of arbitrarily withdrawing or lending the deposits of customers of the instant safe (hereinafter “instant embezzlement”). D.

On November 14, 2013, the instant credit cooperative filed a lawsuit seeking the payment of damages with the Daegu District Court 2013Gahap10721 against N and Plaintiff et al.

On September 4, 2014, the above court sentenced the Plaintiff to the effect that “70,026,500 won and the amount calculated at the rate of 5% per annum from January 19, 2013 to September 4, 2014, jointly and severally with N, and 20% per annum from the next day to the day of full payment,” and the above judgment became final and conclusive on September 30, 2014.

E. According to the above judgment, the Plaintiff paid the principal amount of KRW 70,026,50 and interest KRW 6,686,090 in total to the instant safe KRW 76,712,590.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendants, who are executive officers of the instant credit cooperative, have the duty to thoroughly control and supervise the employees, and neglected this duty to prevent financial accidents, thereby neglecting N in order to block the embezzlement of this case.

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