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(영문) 서울고등법원 2011.08.17 2010나101563
손해배상(기)등
Text

1. The part against Defendant B, C, and E in excess of the amount ordered to be paid under the judgment of the first instance shall be revoked.

Reasons

1. 【Evidence】 without any dispute over the facts alleged by the court below, Gap evidence 1 through 18, 123 (including several numbers), Eul evidence 1 through 56, 64 through 71, Eul evidence 1-1 through 16, 2 through 15, 17-1, 2, 18, 20, 27 through 33, 34-1, 2, 3, 35 through 47, 48, 49, 50-1, 2, 51, 52-1, 2, 3, 53-1, 2, 54, 54, 55-1, 2, 365, 391 through 47, 96, 97, 96-1, 96, 96-4, 97, 50-1, 56, 96, 94-1, 56, 96

A. The Plaintiff is a non-profit corporation that is established on July 16, 1980 and whose main business is to receive deposits and installment savings and to provide loans to members from credit cooperatives members (hereinafter “FF community credit cooperatives”) as a community credit cooperatives established on July 16, 1980 (the name of March 13, 2008 changed from the name of “F community credit cooperatives”).

From March 18, 1998 to April 21, 2004, Defendant B received only 30,000 won/day from 1998 to 200, 60,000 won/day from 200 to 2002, and 37 (20,000 won/day from 203,00,000 from 200 to 200,000 won from 203, under the pretext of expenses for compensating actual expenses. Meanwhile, on February 6, 2009, the Plaintiff also received the expenses of Articles of Incorporation (Revision at the ordinary general meeting from 49th of February 2009) (1) of the Articles of Incorporation (the fixed number of officers, etc. of a credit cooperative), (7 to 9 directors, including one chairperson and one vice-chairperson, and three or less auditors.

(2) In cases of a regional credit cooperative prescribed by Presidential Decree in consideration of the scale of its assets, at least one of its executives shall be full-time executives, as prescribed by the articles of incorporation.

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