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1. With respect to real estate listed in the annex:
A. The contract to establish a mortgage between Defendant B and D was concluded on November 17, 2010.
Reasons
1. Facts of recognition;
A. The relationship between the parties (1) A Bank (hereinafter “A Bank”) is a corporation established for credit installment savings business, receipt of deposits and installment savings, loan of funds, discount of bills, etc., which was ordered by the Financial Services Commission on December 31, 2009, which was declared bankrupt on August 17, 2010 in Jeonju District Court 201Hahap1. The Plaintiff was appointed as a trustee in bankruptcy of A Bank on the same day.
(2) As the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), D was a person who held office as the representative director of the A bank from September 2, 2002 to September 21, 2004, and Defendant B was the subject of D, and Defendant C was divorced on June 28, 2004.
B. (1) The Plaintiff’s damage liability investigation against A bank (A) conducted an investigation into defective liability with respect to A bank from March 2, 2010 to September 17, 2010. The Plaintiff also investigated D in writing about the occurrence of defective loan, the role of the person in charge, etc., and D actively performed a loan to create profits even under the unfavorable management conditions of A bank, which is a financial right, on November 11, 2010, under the unfavorable management conditions of A bank, which is a financial right. However, the Plaintiff asserted that the loan was derived from the management’s neglect of duty after the loan.
(B) However, the Plaintiff recognized its liability (in case of D, KRW 1,869,00,00) on the ground that the executives and employees of A bank, including D, conducted a loan without complying with the loan-related regulations or made it insufficient to take measures to preserve the claim, and made a loan to each borrower in excess of the limit of credit extension. Furthermore, on December 2010, the Plaintiff requested investigation of the relevant executives and employees, including D, under suspicion of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation).
(2) The results of the criminal trial against D are as follows. D on July 23, 2012.