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(영문) 창원지방법원진주지원 2017.04.06 2015가합581
손해배상(기)
Text

1. The Plaintiff:

(a) Defendant C is KRW 32.5 million;

B. Defendant D and F shall be jointly and severally with Defendant C, 13 million won out of the above 32.5 million won.

Reasons

1. Basic facts

A. Defendant B is the president of the H-Credit Cooperative (hereinafter “the Credit Union”), Defendant C is a regular director, Defendant D is a representative, Defendant E is a person retired while performing loan business while working as a principal agent. Defendant F is each of the credit guarantee agencies of Defendant D, Defendant G is the credit guarantee agencies of Defendant E, and Defendant Seoul Guarantee Insurance is the credit guarantee agencies that concluded a contract for fidelity guarantee between Defendant B, C, D, and E as the guarantor of the Credit Union.

B. On December 10, 2014, the Plaintiff was a non-profit corporation with the aim of contributing to improving the welfare of its members and the balanced development of the local economy by providing the convenience of financing and life for the new cooperative members.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 36, 40 to 48 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The part of the claim against the defendant B, C, D, and E

A. The gist of the Plaintiff’s claim is as follows: (a) Defendant B, C, D, and E are in charge of the new agreement loan business of this case and (b) are liable for compensation for damages equivalent to the amount corresponding to the unrefied loan amount or the amount calculated by deducting the appraised value of the appropriate collateral from the actual loan amount, on the wind that the new union of this case could not recover part of the above loan due to (i) loan in excess of the limit on loan amount of the same person or (iii) make a loan in excess of the limit on loan amount of the same person, or (iv) make a loan in violation of the credit transaction standards, etc.

B. The details of the secured loan that the Defendants asserted by the Plaintiff regarding the claim for damages due to unfair secured loans are as follows.

(Nos. 1, 2, 3, 5, 15, and 26). The amount of security loan (cost) borrowed on the date of lending the name of the loan shall be determined by the Bank of Korea, 1,000,000,0000.

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