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(영문) 대전고등법원 (청주) 2017.02.14 2016나10910
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Determination

A. Defendant B’s assertion was grossly negligent in failing to properly review the loan-related documents in the course of final approval of the loan-related documents as the chief executive officer in charge of the Plaintiff’s affairs, and Defendant F also was negligent in neglecting the illegal loan while the loan-related documents were being conducted in accordance with D and E’s instructions.

Due to the above gross negligence or negligence of the Defendants, loans Nos. 17,31,34,41,44 (hereinafter “instant illegal loans”) in attached Table Nos. 17, 31, 34, 41, and 44 (hereinafter “instant illegal loans”) were carried out, thereby causing damage to the Plaintiff in total.

Therefore, the defendants are jointly and severally liable to compensate the plaintiff for the above damages, and the plaintiff first seeks damages, such as the purport of the claim.

B. 1) As to the recognition of Defendant B’s liability for damages, Article 25(2) of the Community Credit Cooperatives Act provides that an executive shall be jointly liable for damages to a credit cooperative caused by intentional or gross negligence (in the case of a non-standing executive, intentional or gross negligence) while performing his/her duties. Article 46(2) of the Articles of incorporation of the Plaintiff’s credit cooperative provides that an employee shall be jointly liable for damages to a credit cooperative caused by intentional or gross negligence in performing his/her duties.

"False or serious negligence" as stipulated in the Community Credit Cooperatives Act and the articles of incorporation of the plaintiff, means that an executive or employee of community credit cooperatives knew that he/she was a loan in violation of Acts and subordinate statutes or the articles of incorporation, or any unlawful solicitation.

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