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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Defendants are the Plaintiff’s employees.
The Defendants, on December 11, 2014, extended a loan of KRW 210,000,000 to the Plaintiff’s debtor J (hereinafter “the primary loan”) to the Plaintiff’s debtor J, but the said additional collateral was created and the said additional loan was executed on January 25, 2017 (hereinafter “the second loan”).
B. The debtor J delayed the payment of principal and interest and conducted an auction on the security.
The Plaintiff received dividends of KRW 189,784,458 out of total amount of 304,803,300, and incurred losses of KRW 115,018,842.
C. At the time of the first loan to J, a loan was made by means of an authorized appraisal (an appraisal of KRW 310,120,000) for a security.
However, at the time of the second loan in violation of the Articles of Association and the Credit Business Regulations, the Defendants conducted a total of KRW 300 million loan to the same collateral by examining and approving the loan of the collateral in a self-appraisal method (an appraisal of KRW 430,000) rather than an authorized appraisal method. Accordingly, the Plaintiff suffered loss of KRW 115,018,842 as above.
Defendant C shall be the final person in charge of loan approval, Defendant D shall be the head of the loan-handling branch, Defendant E shall be the head of the loan-handling team, Defendant F shall be the person in charge of loan-handling branch, Defendant G, H, and I shall be liable for damages in accordance with the K Association’s articles of association as loan-handling members.
2. In the second loan, there is no evidence to deem that the method of self-evaluation violates the Plaintiff’s business regulations (the Plaintiff’s credit business regulations stipulate that, in the event that one or more securities are handled as one joint collateral, an external appraisal shall be made in excess of KRW 500 million). In the case of the self-evaluation method, the Defendants’ specific offenses (the Defendant’s duty of care, negligence, etc.).