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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Before bankruptcy, A Co., Ltd. (hereinafter “A”) was declared bankrupt on September 26, 2013 by Busan District Court 2013Hahap16, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
B. C is a person who served as a representative director from March 30, 2006 to June 11, 2007, and the defendant is a spouse of C.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. The executives and employees of a savings bank that causes a claim shall ensure that the soundness and profitability of a loan can be maintained by thoroughly assessing and analyzing the debtor's existing interest payment of a loan, possibility of payment of interest in the future, risk characteristics, financial status, future ability to repay debts, etc. In the case of a PF loan, comprehensive examination of the security value of a loan, the debtor's purpose of application for a loan, the amount of funds required, the required period of time required, and whether the borrower is the actual borrower, etc. shall be conducted in accordance with statutes and regulations on banking business. In the case of a loan by taking into account only the stocks or real estate purchased by a loan by the borrower as a collateral, the value of the loan in itself is insufficient in light of the future interest and cost of execution, etc., as well as the value of the stocks or real estate falls below the value of the loan, and thus, a duty of care should be exercised to prevent any damage to the bank by securing additional collateral.
In addition, the Mutual Savings Banks Act strictly prohibits a mutual savings bank from providing a security to a large shareholder and an individual or an enterprise in its influence, without taking into account any profit or interest (Article 37), and prohibits a mutual savings bank from providing a loan to a large shareholder (Article 18-2), in order to prevent a loan to a large shareholder bypassing it (Article 18-2).