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(영문) 서울고등법원 2017.08.25 2016나2084185
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, except where the judgment of the court below is added to the plaintiff'

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

2. The further determination of this Court

A. The summary of the Plaintiff’s assertion (1) The Plaintiff’s board of directors decided that the Defendant’s indemnity amounting to KRW 140,600,000 (i.e., KRW 103,000,000,000,000,000,000 (i.e., indemnity amounting to KRW 103,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000

(2) However, for the following reasons, the Defendant cannot be exempted from the liability to compensate the Plaintiff for damages on the ground that the payment of the instant indemnity alone violates the duty relating to the instant loan.

(A) The Nonghyup Federation, a supervisory agency of the Plaintiff, demanded the Plaintiff to take disciplinary action against the Defendant in relation to the loan of Gi business, and make a decision on compensation for the excess of the loan limit to the same person, and considered that there was negligence on the part of the Defendant, and ② calculated the Plaintiff’s damages for delay on the basis of the principal without considering the damages for delay.

Although the plaintiff's board of directors decided the defendant's indemnity at the request of the National Agricultural Cooperatives Federation, in calculating the defendant's compensation amount related to the GGG enterprise loan, the defendant's intention and the amount of actual damage should be considered.

In addition, the board of directors of the Plaintiff did not consider “the Defendant’s intentional or negligent act which renounced the right to collateral security on part of the GGGG project site without going through the procedure of appraisal,” with the Defendant’s resolution of indemnity.

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