(영문) 창원지방법원 2016.12.21 2016나56278

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2016.12.21 2016나56278

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. 1) On October 16, 2015, the Plaintiff’s H medical consumer cooperatives (hereinafter “medical consumer cooperatives”)

(1) The repayment period of KRW 100,000 on October 31, 2016 and the delay damages rate of KRW 25% per annum shall be set and lent to the respective (hereinafter “instant loan”).

(2) The Defendants, as the director or auditor of the medical life consultation, agreed to the closure of the meeting of the medical life cooperation council of which the Ja Hospital operated by the medical life cooperation (hereinafter “the instant hospital”) was closed.

B. The instant hospital reported the closure of December 21, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) was closed at approximately two months after the Plaintiff lent the instant loan to the Medical Life Cooperative, and the Plaintiff became unable to recover the said loan. The Defendants, despite the fact that the instant hospital did not have an operating personnel to close its business, consented to the closure of the instant hospital, and the Defendants were held liable for damages equivalent to the instant loan by intention or negligence by consenting to the resolution of the board of directors on the closure of the instant hospital. Accordingly, the medical life consultation director or the auditor of the medical life cooperative, who caused damages to the Plaintiff due to the Plaintiff’s intentional or gross negligence (in the case of an executive officer, the Plaintiff is jointly and severally liable for damages to the association or another person due to intentional or gross negligence) while performing his/her duties.

(4) If the act under paragraph (4) of the same Article is conducted by a resolution of the board of directors, a director who agrees with the resolution shall also be liable under paragraph (2).

2.3.2

참조조문

-소비자생활협동조합법 제35조 제2항

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