Text
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff’s credit cooperative is a non-profit corporation that is established pursuant to the CCC Act and whose main business is to receive deposits, installment savings, etc. from its members and to lend funds to its members.
The defendant is a person who represents the plaintiff's credit cooperative from February 1994 to February 18, 2016 and served as the chief director to exercise overall control over the affairs of the plaintiff's credit cooperative.
B. Around September 11, 2009, the owner of E Forest E, E, 6,520 square meters (hereinafter “instant land”) sought a loan available as security from the Plaintiff’s Treasury to cover construction costs after obtaining a new construction permit of the first and fourth floors underground from the mayor of the Pakistan on the instant land, and obtaining a new construction permit of the fourth floor above the instant land.
Plaintiff
A credit cooperative requested an appraisal corporation to appraise the land of this case on October 2009, and as a result, the land of this case was assessed as KRW 2.498 million.
C. On November 4, 2009, D applied for a loan of KRW 1.74 billion, which is equivalent to approximately 69.6% of the appraised value of the instant land, as security at the Plaintiff’s Treasury. D.
At the time, the credit business regulations and the credit business manual of the Plaintiff’s treasury set the effective collateral value [in the case of real estate subject to the application of the real estate mortgage loan (finite, multi-household, multi-household, apartment house) and commercial lease, not more than 70/100 of the effective collateral value [30/100 of the assessed value - (fin the case of housing site without a building, such as the preferred mortgage deposit and small-sum deposit)]. However, in the case of housing site without a building
E. On November 13, 2009, the Plaintiff’s Federation opened a loan deliberation committee comprised of H, members I, and J to deliberate on the loan agenda requested by D, and decided to grant loans of KRW 1.49 billion to D, an amount equivalent to approximately 59.6% of the appraised value of the instant land.
The defendant reported the results of deliberation by the loan deliberation committee and approved the loan agenda of KRW 1.49 billion to D.
F. The Plaintiff’s credit cooperative shall be the Plaintiff’s credit cooperative on 209.