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(영문) 서울남부지방법원 2015.09.25 2014가합7521
손해배상(기)
Text

1. The Plaintiff, Defendant C, as well as Defendant C’s KRW 70,235,512, as well as its related costs from June 21, 2014, and Defendant B jointly with Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff is a non-profit corporation established pursuant to the Community Credit Cooperatives Act, and is a regional credit cooperative under the jurisdiction of the Seoul Regional Headquarters of the Federation of Community Credit Cooperatives.

From February 15, 2008 to February 20, 2012, Defendant B served as the president of the Plaintiff. Defendant C joined the Plaintiff on March 21, 1985 and was removed on December 10, 2013.

B. Article 43(3) of the Enforcement Rule of the Regulations on the Supervision of Community Credit Cooperatives (wholly amended on July 1, 2008), which stipulates that “The limit of the management of beneficiary certificates, etc., transferred by shares shall be 30/100 of the amount as of the end of the immediately preceding business year’s equity capital or the date immediately preceding the management thereof.” However, the terms and conditions or the articles of incorporation stipulate that “the amount of beneficiary certificates, etc., for which the ratio of stock inclusion under the terms and conditions or the articles of incorporation is less than 10/100 shall be excluded from the total calculation.” 2) Although the Plaintiff’s operation of surplus funds has already exceeded, Defendant C purchased beneficiary certificates by means of final approval of the acquisition of beneficiary certificates, i.e., the amount stated “deposit amount” among the Plaintiff’s surplus funds around the time of entry in each “date of deposit” as indicated in the following table.

The plaintiff's "date of termination" was collected only from the time stated at the time stated at the "date of termination" and the "amount of loss" was incurred by suffering a loss equivalent to the amount stated at the time stated at the time stated at the time stated at the "date of cancellation". The "amount of loss" was 140,674, 293 19,325,707 future 19,325,707 future 30.4.08 future 30,408.40,400,000 140,000 140,000,0000 on August 17, 2007, 2008, 200,0000,00373, 2877, 2984, 200, 209, 209, 2008, 300, 208, 2016.

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