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Reasons
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(영문) 인천지방법원 2016.11.03 2015가합1723
손해배상(기)
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From October 31, 2011 to March 2015, the Plaintiff and Defendants-related Defendants served as the president of the Plaintiff’s partnership, Defendant C as the Plaintiff’s standing director from August 9, 2007 to August 13, 2013, and Defendant D, E, F, G, H, I, J, and K as each Plaintiff’s director, Defendant L, and M as each Plaintiff’s auditor.

B. The Plaintiff’s loan 1) on June 5, 2008 lent KRW 3,800,000,000 to N with corporate working capital to N, and the Plaintiff borrowed 3,80,000,000 to N, and the Plaintiff’s land owned by N, P, Q, Q, R, R, T, and U (hereinafter “each of the instant lands”).

(V) The above buildings and the above Q-ground buildings (hereinafter “V buildings”).

1) The lower court determined that each obligee’s right to collateral security (hereinafter “the first loan”) was established against the maximum debt amount of KRW 4,940,000,000,000.

(2) The Plaintiff extended 1,200,000,000 won to N as the fund for the construction of the telecom on the same day, and set up a collateral security of KRW 1,560,00,000 for each of the instant lands and buildings with each of the creditors as the Plaintiff.

(3) On September 4, 2009, the Plaintiff loaned 550,000,000 won to N, and set up a collateral security of KRW 715,00,000 with the maximum debt amount of each of the instant lands and V buildings as the Plaintiff (hereinafter “third-party loan”).

(3) On March 11, 2011, the Plaintiff extended a loan of KRW 1,050,000 to N with the new house construction facility fund, and set up a collateral security of KRW 1,365,00,000 to the maximum debt amount with each obligee of each of the instant land and V buildings as the Plaintiff.

(hereinafter referred to as “fourth loans”). (c)

W from January 208 to May 15, 2013, W, without any authority, was in charge of the Plaintiff’s loan business as the head of the Plaintiff’s credit team from January 2008 to May 14, 201, W, under the name of the Defendant B of the Plaintiff’s head of the Plaintiff’s association, X-B, Inc., which represented N, under the name of the Plaintiff’s head of the Plaintiff’s association without any authority.

B) Between the instant land and P, Q, R, S, T, and U (hereinafter referred to as “Y.”).

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