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(영문) 서울중앙지방법원 2019.11.22 2018가합570861
양수금
Text

1. The Plaintiff:

A. As to Defendant B and D’s joint and several KRW 1,962,054,793 as well as KRW 1,000,000 among them:

(b) the defendant.

Reasons

1. Basic facts

A. Status 1 of the Parties E Co., Ltd. (hereinafter “E”).

On October 18, 1973, the former Mutual Savings and Finance Company Act (Act No. 6429, Mar. 28, 2001) was changed to the Mutual Savings Banks Act.

(2) While having been established and operated pursuant to E, Defendant B was declared bankrupt on June 29, 2001; Defendant B was a managing director from January 23, 1992 to September 17, 1998; Defendant D was a managing director from the following day to the managing director; Defendant D was a person in charge of loan operations from April 16, 1982 to the managing director; and Defendant C was an auditor from November 30, 199 to November 10, 200.

3) According to Article 37 subparag. 1 and 3 of the former Mutual Savings and Finance Company Act and Article 30(1) of the Enforcement Decree of the same Act, the Financial Cooperative shall not provide loans to investors who own 2% or more of the total number of outstanding voting shares, and their lineal ascendants and descendants, and their spouses, etc. When Defendant B is in office as the representative director of E, 31.015% of the total issued and outstanding shares were G and 36.6% of the total issued and outstanding shares were held by Defendant B. (B) According to the loan regulations of E, in dealing with E, 1 or more joint and several sureties should be installed when the loan is handled, and the credit preservation should be thoroughly conducted for the debtor and guarantor (Articles 22 and 27), security can be terminated when the relevant claim has been recovered or a loan corresponding to the security has been paid.

(2) According to Article 132(2) E’s articles of incorporation, if a director or auditor violates any statute, articles of incorporation or operation manual, or neglects his/her duties, he/she is jointly and severally liable for damages (see Articles 35(1) and 38(5)). (c) The result of the preceding lawsuit is as follows: Gwangju District Court Decision 2001Gau685, Gwangju District Court Decision 2004Na20375, Gwangju High Court Decision 2004Na2037, hereinafter “E”) E Deposit Insurance Corporation (hereinafter “E trustee”).

Defendant C, around 2001, by conspiracy with Defendant B, D, etc., causing damage to E, such as the execution of defective loans.

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