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(영문) 대구지방법원 2014.09.05 2013가합206362
직무정지 조치 취소의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a non-profit corporation established by consisting of regional community credit cooperatives under the Community Credit Cooperatives Act. The plaintiff is a person who served as the president of the Korea Community Credit Cooperatives in Chungcheongnam-gun B and received the notice of suspension of duties on December 16, 2013 as follows.

B. The Plaintiff’s loan execution and money lending 1) The Plaintiff’s loan execution around August 27, 2009, along with wife D, Doin E, and E’s wife F, a voluntary auction procedure, and 7,29m29m2 (hereinafter “instant land”).

(2) Around May 2013, when the Plaintiff acquired the ownership of the land of this case as collateral and received a loan from the Korea Saemaul Bank and received a request from I, an employee of the KH Hospital funeral hall, to lend funds to take over the KH Hospital funeral hall. 2) When C Saemaul Bank internally decided not to grant a loan to, or make a direct investment in, H Hospital, the Plaintiff provided a loan from, the C Saemaul Bank with the land of this case as collateral and received a loan from, the Korea Saemaul Bank as profit from the funeral hall.

3) However, where the amount of the loan exceeds KRW 500,000,000, the Plaintiff completed the loan procedure according to the result of self-appraisal (transaction Case No.S.) without going through an appraisal by at least 40 certified public appraisers, even though it was subject to appraisal by an appraisal corporation. On June 20, 2013, the Plaintiff loans KRW 1,060,000,000 in total as security of the instant land by making D and E’s wife as the debtor around June 20, 2013 (hereinafter “instant loan”).

AB implemented and transferred KRW 600,000,000 to the account of the said I, which was loaned under the name of the wife D.

C. The Plaintiff who paid the C Saemaul Fund’s incentive to achieve the achievements was set at KRW 447,534,00 of the C Saemaul Fund’s target profit in 2012, while the actual profit was merely KRW 340,00,000 and did not reach the target profit. However, the C Saemaul Fund’s 40 regular meeting around February 26, 2013 at the fourth regular meeting of the C Saemaul Fund.

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