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(영문) 대구고등법원 2015.03.31 2014나21572
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Plaintiff is a special corporation established under the Community Credit Cooperatives Act for the purpose of receiving deposits and installment savings from its members and lending funds to its members. 2) The Defendant is a person who is working for the Plaintiff’s entire business from January 200 to March 2012 and has overall control over the Plaintiff’s credit business.

B. The Defendant’s loan implementation and relevant regulations 1) The Defendant is the Daegu Northern-gu, Daegu-gu, 193.7 square meters and three-story buildings on its ground (hereinafter “instant real estate”) owned by B.

On April 4, 2006, the value of the real estate in question is assessed as KRW 350,000,000 and then on April 4, 2006, the value of the real estate in question is assessed as the standard for calculating the amount of loanable, and is assessed as KRW 230,000,000 (hereinafter “instant loan”).

(2) However, according to the relevant provisions such as the Community Credit Cooperatives Act and the Plaintiff’s credit business regulations, etc., which were enforced at the time of the loan of this case, the Defendant loaned the loan to the head of the board of directors. However, according to the loan of this case, the Plaintiff’s loan limit of the same person is KRW 226,956,730, and the Plaintiff’s loan limit of the same person is KRW 226,956,730, and the Plaintiff

In addition, the actual collateral value of the instant real estate is 224,00,000 won (i.e., sales price of KRW 295,000,000- 71,000,000) and thus, it was possible to lend only up to KRW 134,40,000 that is equivalent to 60% of the collateral value under the Credit Business Regulations.

C. The Plaintiff failed to pay the loan interest, and the Plaintiff filed an application for voluntary auction to the Daegu District Court on August 2009. The instant real estate was sold on April 13, 2010. On June 18, 2010, the Plaintiff received dividends of KRW 162,089,469 out of the proceeds of the sale. 2) The sum of the principal and interest of the instant loan up to the date of distribution under the preceding paragraph until the date of distribution is 284,203.

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