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(영문) 서울중앙지방법원 2014.06.20 2013가합526166
손해배상(기)
Text

1. The Defendant shall pay 1,00,000,000 won to the Plaintiff and 20% per annum from June 27, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. Status 1 of the Parties A Co., Ltd. (hereinafter “A”).

(2) The Plaintiff is a juristic person established under the Mutual Savings Banks Act for the purpose of mutual credit fraternity business, credit installment savings business, etc., and the Defendant was appointed as a trustee in bankruptcy on September 26, 2013. (2) The Plaintiff is a person who served as a representative director of A from January 15, 2008 to March 24, 2009.

B. Unfair loans 1) Mutual Savings Banks Act and the Mutual Savings Banks Act and subordinate statutes related to loan handling; the same applies to mutual savings banks (amended by Act No. 10175, Mar. 22, 2010; hereinafter the same applies)

Article 12 of the former Enforcement Decree of the Mutual Savings Banks Act (amended by Presidential Decree No. 20653, Jul. 29, 2008; hereinafter the same applies)

(1) Pursuant to Article 9 of the Regulations on Supervision of Business of Mutual Savings Banks (Financial Services Commission Notice No. 2008-8), a mutual savings bank may not extend credit to an individual borrower more than 20/100 of its equity capital, and if a mutual savings bank exceeds the credit limit, it shall meet the limits set forth in the provisions within one year from the date it exceeds the limits. In addition, a mutual savings bank shall maintain the soundness and profitability of the loan in consideration of the borrower's credit standing and repayment ability, the purpose of the loan in handling the loan in accordance with Article 2 of the Regulations on Supervision of Business of Mutual Savings Banks, Article 2 of the Standard Operating Manual of Mutual Savings Banks, Articles 3, 4, 5, 8, and 27 of the Regulations on Mutual Savings Banks, and Article 2 of the Regulations on Supervision of Business of Mutual Savings Banks, Articles 3, 8, and 27 of the Loan, and shall comprehensively examine the debtor and guarantor's business feasibility, profitability, assets, and credit standing, and shall be set up within the limits set up within the limits of security.

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