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(영문) 대구지방법원안동지원 2017.06.29 2016가합3444
손해배상(기)
Text

1. The Defendant’s KRW 59,596,00 for the Plaintiff and its related KRW 5% per annum from September 23, 2016 to June 29, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff was established and operated for the purpose of credit business, etc. as prescribed by the Community Credit Cooperatives Act. The Plaintiff is a nonprofit corporation dissolved on September 14, 2015. 2) The Defendant served as an employee belonging to the Plaintiff from September 19, 1988, and was in charge of managing surplus funds as an employee of the Plaintiff’s former managing staff around 2007, and served as the Plaintiff until September 14, 2015.

B. Article 24 subparag. 3 of the former Enforcement Decree of the Community Credit Cooperatives Act (amended by Presidential Decree No. 20305, Oct. 4, 2007) cited “purchase of securities determined by the head of the State bonds and the head of the federation of State bonds” as the method of managing surplus funds of community credit cooperatives. 2) According to the delegation of the above Enforcement Decree, the enforcement guidelines for supervision of community credit cooperatives on November 30, 2005 (hereinafter “Enforcement Regulations”) was enacted. The main contents of the enforcement regulations amended on September 26, 2006 are as follows.

Article 42 (Operation of Surplus Funds) (1) The methods of operating surplus funds pursuant to Article 24 of the Enforcement Decree shall be as follows:

5. Beneficiary certificates issued by asset management companies under the Indirect Investment Asset Management Business Act, or trust companies under the Trust Business Act, which fall under any of the following items:

(b) The limit on the purchase of securities pursuant to the provisions of Article 42 of beneficiary certificates (the limit on the purchase of securities) that are real estate by the asset management method stipulated in the terms and conditions shall be as follows:

6. The total amount of purchase of securities based on an underlying asset of a real estate shall not exceed 20/100 of the total amount of surplus funds, excluding cash and deposits for reserve of repayment of a federation as of the immediately preceding day of purchase.

C. In excess of the purchase limit, the employee of the Plaintiff’s employees (i) purchased securities in excess of the purchase limit (hereinafter “securities of this case”) on February 27, 2007, 500,000 won, which are securities issued by the asset management company, based on the underlying asset of the real estate at KRW 500,000,000,000.

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