logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.03.30 2017누68907
부당해고구제재심판정취소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

Basic facts 1) The Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”)

A) Under the Agricultural Cooperatives Act, the Plaintiff was a corporation established for the purpose of enhancing the agricultural productivity of its members, promoting the expansion of markets for agricultural products produced by its members and facilitating the distribution of their agricultural products, and providing technology, funds, information, etc. necessary for its members, and engaged in credit business such as loans. 2) The Plaintiff was employed by the Intervenor on November 1, 1989 as an intermediary since he entered the Intervenor.

The Plaintiff’s implementation of excess loans to the Plaintiff and the Intervenor’s occurrence of damages to the Intervenor 1) The Plaintiff: (a) the Plaintiff, as a result of the division on August 8, 2014, transferred large 249 square meters into Incheon, Seo-gu, Incheon, in which C and D owned one-half shares; and (b) the above-mentioned building and its ground buildings, O large 2,114 square meters, which were owned by C and D, were transferred to Q. 1,865 square meters. In addition, each of the above-mentioned land and buildings, including the above-mentioned land and buildings, was “the instant real estate”

(2) On June 25, 2010, the Plaintiff offered a joint collateral of KRW 2,08,000,000,000 to C on June 29, 2010, as the receipt of the maximum debt amount of KRW 1,6785,000,00,000,000, and thereafter, loaned a loan of KRW 1.65 billion to C on June 29, 2010. According to Article 5 of the Credit Business Act (Evidence B or 24), the audit committee of the Intervenor’s Intervenor’s activity guidelines, the maximum collateral recognition ratio of the instant secured real estate should be applied within the limit of 7.5% of the appraised value. However, the Plaintiff’s loan of KRW 1,325,808,00,00 (the assessed value of the secured real estate of this case 3,901,077,000 x 75% of the obligor’s joint collateral loan balance).

2.(c)

1) As seen in paragraph (a) above, the reasonable amount of loan calculated according to the Intervenor’s above credit business method at the time of the instant excessive loan = 845,807,750 won = The assessed value of the instant secured real estate.

arrow