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(영문) 의정부지방법원 2015.08.26 2012가합12327
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From December 22, 1990 to February 27, 2012, the Plaintiff retired from office as the president of the Defendant’s credit cooperative. C is a person who was in office as an auditor of the Defendant’s credit cooperative from December 21, 1990 to April 17, 2009, and D from December 18, 199 to July 11, 2008.

B. On August 14, 2005, the sports center of the Korean Federation of Community Credit Cooperatives found the excess loans to D et al. by the same person on the regular inspection of the regular inspection of August 14, 2005 against the Defendant’s credit cooperative and ordered correction to identify persons who are responsible for the collection of the loans and to compensate for the impossibility of collection.

C. On November 12, 2007, the sports center of the Korean Federation of Community Credit Cooperatives pointed out that the Defendant’s credit cooperatives did not take measures in compliance with the corrective instruction in 2005 at the general occasional inspection on November 12, 2007.

The sports center of the Korean Federation of Community Credit Cooperatives did not correct the above problems until the general occasional inspection of the defendant's credit cooperative in 2008, but rather confirmed that the additional loans amount to 890,000,000 won.

Accordingly, on August 20, 2008, the plaintiff, C, E, and F prepared a responsibilities letter with respect to G, who was in charge of the above occasional inspection, and D established and resigned the right to collateral security of KRW 480,00,000 for the real estate owned by H, a family member.

Pursuant to Article 26-2 of the Community Credit Cooperatives Act, loans to the same person of a credit cooperative shall not exceed 20/100 of the total amount of investments and reserve funds or 1/100 of total assets. In the application of this provision, loans granted under the name of another person on the principal's account shall be deemed as loans to the principal's own account, and in the application of this provision, loans granted under the name of another person on the principal's own account shall be deemed as loans, such as 1 case of actual debtor, 38 debtor, 6,615,000,000, exceeding the limit of loans of 4,524,000,000 won, as loans were granted in excess of the limit of loans to the same person.

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