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1. The Defendant’s KRW 1,145,00,000 as well as 5% per annum from September 2, 2015 to August 10, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant, the representative member of the Plaintiff, violated the duty to preserve and manage the Plaintiff’s building, land, etc. and obtained a total of KRW 1.7 billion loan from October 31, 2005 to May 28, 2013 in the name of the Plaintiff at a total of six times as follows, and incurred damages equivalent to the same amount to the Plaintiff.
1) On October 31, 2005, the Defendant: (a) on October 31, 2005, owned by the Plaintiff, 2,380 square meters of land and 2nd floor buildings above ground (hereinafter “instant real estate”).
(2) On February 21, 2006, the Defendant obtained a loan of KRW 150 million from the main office of the Korea C&T Bank, as security, and completed the registration of the establishment of a mortgage on the instant real estate, which is equivalent to KRW 150 million for the Plaintiff and the maximum debt amount of KRW 22,100 million. Accordingly, the Defendant acquired pecuniary benefits equivalent to KRW 150 million and suffered damages equivalent to the Plaintiff. (2) On February 21, 2006, the Defendant completed the registration of the establishment of a mortgage on the instant real estate, upon obtaining a loan of KRW 600 million from the main office of the Korea C&T Bank, from the said Korea C&T Bank’s main office as security, while obtaining a loan of KRW 780 million from
Accordingly, the defendant acquired property benefits equivalent to KRW 600 million and suffered damages equivalent to the same amount to the plaintiff.
3) On June 23, 2009, the Defendant obtained a loan of KRW 600 million from the main office of the Korea C&T Bank, taking the instant real estate as security, and completed the registration of creation of a neighboring mortgage consisting of KRW 780 million with the obligor, the maximum debt amount, and KRW 780 million. Accordingly, the Defendant acquired property benefits equivalent to KRW 600 million and suffered damages equivalent to the Plaintiff. (4) On June 15, 2010, the Defendant obtained a loan of KRW 200 million from the main office of the Korea C&T Bank, taking the instant real estate as security, at the loan of KRW 200 million from the said branch office of the Korea C&T Bank, thereby causing KRW 260 million with the obligor, the Plaintiff,