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(영문) 대구지방법원서부지원 2017.10.13 2016가합52594
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are members who paid contributions to the E Saemaul Savings Depository (hereinafter “instant Savings Depository”).

Defendant C is the chief director of the instant credit cooperative, and Defendant D is the full-time director of the instant credit cooperative.

B. On February 26, 2015 to March 6, 2015, the instant credit cooperative, which received a regular inspection from the Daegu Regional Headquarters of the Korea Community Credit Cooperatives (hereinafter “instant regular inspection”), and as a result, was pointed out as to the entries in the attached Table (hereinafter “attached sheet”).

As a manager of the instant credit cooperative’s business, Defendant C received an order to reprimand “Warning” on the ground that it was improper to elect representatives and appoint executives (standing directors, auditors) among the matters indicated in the attached Table, improper management of non-business real estate, improper correction of profit and loss at the time of settlement of accounts, excessive loans to the same person, voluntary termination of security after the execution of the secured loan.

C. According to the relevant provisions, the Defendants did not lend funds to the same person in excess of 20/100 of the total amount of investments and the total amount of reserve funds. However, the Defendants were issued a summary order of KRW 9.3 billion with the Daegu District Court Branch Decision 2016Da6125, Sept. 27, 2016, which issued the summary order of KRW 200,000,000,000 to F, G, and H, which is regarded as the same person, for a total of KRW 4.683 billion and KRW 9.3 billion with the loans extended to F, G, and H, which are regarded as the same person; however, the Defendants conspired with the Defendants to lend additional loans of KRW 1.24 million to F on July 31, 2014, thereby filing a criminal complaint against the Defendants in excess of the amount of the loans.

However, on September 8, 2016, the administrative office of the Daegu District Public Prosecutor's Office has practical effect on the instant safe due to the Defendants' above loans.

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