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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant, from January 1, 1998, worked as the head of Korea branch of the Victim C Limited Company (hereinafter “C”) established for the purpose of trade business in ion exchange balance from around January 1, 1998, and took overall control of the above company’s domestic affairs.
From around November 29, 2004, the Defendant established a collateral security on November 29, 2005 with regard to “Seoul Jung-gu F Building No. 508, Seoul” owned by the aforementioned D representative, the maximum debt amount as KRW 150,000,000,000 in order to secure the credit debt with credit increase.
The Defendant, as the president of the Korean branch of C, bears the duty of due care and duty of due care as a good manager to faithfully perform his duties in accordance with Acts and subordinate statutes and employment contract terms, and thus, in order to continue such credit transaction, there was a duty to clearly grasp the other party’s property status and to take reasonable and reasonable measures to recover claims, such as the creation and maintenance of physical security to recover claims.
Nevertheless, around December 27, 2010, the Defendant, at the office located in Gangnam-gu Seoul Metropolitan Government (Seoul) around December 27, 2010, left the credit amount equivalent to 362,265,025 won, which set forth the maximum debt amount of the right to collateral security in violation of the above occupational duties, and subsequently, made it difficult to recover the credit by cancelling the above contract to promote the benefit of the said D and registering cancellation thereof.
Accordingly, the defendant acquired the above D property benefits equivalent to the maximum debt amount of the right to collateral security and suffered damages equivalent to C equivalent to the amount.
2. According to the evidence duly adopted and examined by this court, the defendant set up a collateral security (hereinafter “instant collateral security”) with respect to “Seoul Jung-gu F building 50,000 won with maximum debt amount of KRW 150,000,000,000,000,000, and the debtor E and creditor C” owned by D representative on November 29, 2005.