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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.
Reasons
Basic Facts
Daejeon Mutual Savings Bank (hereinafter referred to as the " Daejeon Mutual Savings Bank") between the parties concerned was declared bankrupt on February 2, 2012 by Daejeon District Court 201Hahap21, with the aim of mutual credit fraternity business, credit installment savings business, receipt of deposits and installment savings, loan business, etc., and was appointed as the trustee in bankruptcy on February 2, 2012.
The Intervenor joining the Defendant (hereinafter referred to as the “Supplementary Intervenor”) served as the Deputy Commissioner and the D Team leader at the head office of the Daejeon Mutual Savings Bank from July 2000 to April 13, 2009, and took charge of credit affairs. C is the assistant intervenor’s position.
On July 10, 2012, the Plaintiff filed a claim for damages against the Intervenor as the Daejeon District Court 2012Gahap101781 against the Intervenor.
On February 12, 2015, the court rendered a judgment on February 12, 2015 that “The Intervenor is liable for damages incurred by Daejeon Mutual Savings Bank to recover KRW 7 billion loan amounting to KRW 24 billion due to illegal loans to the Intervenor’s Poston Co., Ltd., Ltd., and thus, the Intervenor is liable to compensate the Plaintiff for the said damages.” Among them, the court rendered a judgment that the Intervenor is liable to pay KRW 209,000,000 and damages for delay as the Plaintiff seeks partial claims within the scope of the said damages.”
On June 25, 2010, the Defendant entered into a sales contract between the Defendant and the Intervenor, and the lease contract between the Defendant and the Intervenor, with the content that the purchase price is KRW 340,000,000 (the contract price of KRW 20,000,000, the remainder of KRW 320,000,000, and the remainder of KRW 320,000,000) as the purchase price, and paid KRW 20,000,00 as the down payment to the Intervenor.