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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. E served as A’s director and audit committee member from August 30, 2007 to September 17, 2011.
B. From April 29, 2002 to June 29, 201, F et al., a representative director of A handled total of 23 cases and total of 77.5 billion won loans by using 12 persons with respect to the establishment of a comprehensive terminal from April 29, 2002 to June 29, 201
(76 billion won of a loan has not been recovered) The loan was made in violation of Article 12 of the Mutual Savings Banks Act, or in violation of Article 3 and Article 8 of the Mutual Savings Banks Act, or neglected to investigate the specific credit and feasibility of the loan to the borrower whose debt repayment capacity is uncertain at the time the loan was handled in violation of Article 3 and Article 8 of the Mutual Savings Banks Act, or without securing adequate human resources and material security.
In this regard, F et al. was convicted of a violation of the Mutual Savings Banks Act on October 12, 2012 (see, e.g., Seoul Central District Court Decision 201Da412, Oct. 12, 2012), and the guilty portion was determined by appeal and final appeal.
C. E among the above loans, from December 26, 2008 to December 9, 2009, served as A’s audit committee member at the time of loans of 18.7 billion won (hereinafter “instant loans”).
A was decided by the Financial Services Commission on September 18, 201 as an insolvent financial institution and was ordered to improve management and to suspend business, and was declared bankrupt on September 7, 2012 by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
E. In the damages claim lawsuit filed by the Plaintiff against E, etc., the Seoul Central District Court (Seoul Central District Court 2013Gahap515104), the said court recognized the tort liability (hereinafter “instant tort liability”) committed by E as an audit committee member on July 16, 2015 with respect to the instant loan of this case, the said court is 10% of the total amount of damages.