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1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 101,387,592 and Defendant B and E with respect thereto from June 3, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a non-profit corporation established with the primary purpose of credit business, such as deposit, receipt of funds, and lending of funds to members from its members pursuant to the FF law. (2) Defendant G is a person who assumed office as the president of the Plaintiff on January 21, 2012 and was in the Plaintiff’s position as president until February 21, 2017.
Defendant C is a person who has overall control over the Plaintiff’s practice while working as a former secretary, and Defendant D is a person in charge of internal control and the head of the surplus fund operation team as a director of the Plaintiff’s division.
B. Article 43 (Duty of Good Faith and Responsibility of Officers) (1) An executive officer shall comply with orders, articles of incorporation, regulations, and regulations issued under the Act and the resolution of the general meeting and the board of directors, and shall perform his/her duties in good faith to the Fund. (2) An executive officer shall be jointly and severally liable for damages inflicted on the Fund due to intention or negligence (in cases of a part-time executive, intentionally or by gross negligence) in the performance of his/her duties. Article 46 (Duty of Good Faith and Responsibility of Personnel) (1) AF employee shall comply with the Act, the Articles of incorporation, regulations, and regulations, and the general meeting and the board of directors, and perform his/her duties in good faith to the Fund. (2) An employee shall be liable for damages inflicted on the Fund or any other person in the course of performing his/her duties. (2) Article 15 subparagraph 3 of the former Enforcement Decree of the Financial Services Act (amended by Presidential Decree No. 2425, Mar. 23, 2013) (amended by Presidential Decree No. 2425).
According to the delegation of the above Enforcement Decree, the Enforcement Rule of the F Supervisory Standards (hereinafter “Enforcement Rule”) was enacted on November 30, 2005, and the main contents of the Enforcement Rule amended on April 23, 2012 are as follows.
Items of operation of surplus funds under Article 42.