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1. The Plaintiff:
A. From November 20, 2015, Defendant A: 1,056,818,513;
B. Defendant B shall be KRW 1,063,729,290.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a bank established for the purpose of running all the business related to the banking business as prescribed by the Banking Act. 2) Defendant A was working as a branch office at the Plaintiff’s D branch located in Gangnam-gu Seoul Metropolitan Government from January 2012 to March 2013, and Defendant B was working as the deputy head at the same branch from July 201 to July 2012.
B. The Defendants in related criminal cases were acquitted on September 9, 2015 in the Daejeon District Court Decision 2014 High Court Decision 2014Gohap241-1 (Separation), etc. of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). However, in the Daejeon High Court Decision 2015No515, which is the appellate court, the Defendants were sentenced to one year and six months of imprisonment for each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation).
The Defendants’ final appeal against this is dismissed, and thus, the Defendants are the victims’ employees, and the Korea Credit Guarantee Fund guarantees loans in the name of support for the funds for machinery and equipment conducted by the Plaintiff. However, in a case where the relevant machinery and equipment are installed under a credit guarantee accompanied by a special contract to the effect that the said funds will be promptly provided as a collateral and the guarantee will be terminated, the Korea Credit Guarantee Fund refuses to pay a security deposit if the loans for the funds for the facilities are not implemented in conformity with the credit guarantee and the purport of the loan. As such, the relevant company’s confirmation of manufacturing the relevant machinery and equipment and implementation of loans in the name of support for the funds for the machinery and equipment by carrying out a loan for the funds
The F, which has operated Co., Ltd. E (hereinafter referred to as “E”), shall be an employee in charge at the Ansan branch of the Korea Credit Guarantee Fund on May 2012, 201, to manufacture and supply machinery and equipment and to supply it to E by September 20, 2012.