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1. Of the judgment of the court of first instance, the court ordered the Defendants to pay money in excess of the amount ordered below.
Reasons
1. Determination as to the claim against Defendant F
A. The reasoning for the court’s explanation on this part of the underlying facts is as stated in Paragraph 1 of the judgment of the first instance, except for adding the following facts, and thus, it is determined to accept it pursuant to the main sentence of Article 420 of the Civil Procedure Act.
[Additional Facts] On August 23, 2013, the court of first instance convicted Co-Defendant J, Defendant F, L as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in relation to defective loans, etc. at the Seoul Central District Court (2012Gohap1528).
However, in the appellate court (Seoul High Court Decision 2013No2815) on October 2, 2014, the appeal filed by J and Defendant L was dismissed respectively, but with respect to a partial loan of Defendant F, the judgment of partial innocence was rendered on the ground that “Defendant F was not proven to have participated in the loan even though it was aware of the risk of damages or could not be ruled out to have not participated in the loan examination.”
(Reasons for recognition: Eul evidence 34.b)
The Plaintiff, as a director or representative director, seeks compensation from Defendant F for damages to the bank in violation of his/her duties. The Plaintiff’s relevant laws and regulations governing the lending of loans may not extend credit to an individual borrower in excess of the limits prescribed by the Presidential Decree within the extent of 20/100 of its equity capital to an individual borrower under Article 12 of the former Mutual Savings Banks Act (amended by Act No. 10175, Mar. 2, 2010).
Article 37 (Prohibition of Credit Extension, etc. to Large Stockholders, etc.) (1) No mutual savings bank may extend credit, make a deposit, etc. or make a provisional payment to any of the following persons (hereinafter referred to as "large Stockholders, etc."), and no large stockholder, etc. shall receive credit extension, deposit, etc. from the mutual savings bank or receive provisional payment:
However, financial assistance to major shareholders, etc.;