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(영문) 광주지방법원 장흥지원 2018.05.29 2016가합781
손해배상(기)
Text

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. The Plaintiff is a unit agricultural cooperative. From January 25, 1997 to November 7, 2005, Defendant B served as the Plaintiff’s standing director, from February 6, 2006 to February 23, 2016, and Defendant C served as the Plaintiff’s standing director from July 1, 1996 to March 27, 2006, and as the Plaintiff’s standing director from March 28, 2006 to November 30, 2016.

B. D and E loans 1) On April 11, 2003, the Plaintiff concluded each contract with the maximum debt amount of 980 million won, the debtor D, the plaintiff as the mortgagee, the maximum debt amount of 700 million won, the debtor E and the plaintiff as the mortgagee, the debtor, and the plaintiff as the mortgagee, and completed the registration of the establishment. Based on this, the Plaintiff extended 50 million won to E on April 14, 2003, and 70 million won to D on April 15, 2003, respectively, and the repayment of the principal and interest of D and E from July 19, 2005.

3) On May 16, 2006, the Plaintiff applied for a voluntary auction on the said bath on December 19, 2006, but withdrawn the auction on May 24, 201, and received dividends of KRW 643,59,000 on October 4, 2013 upon receipt of a decision to commence auction again on May 24, 201. As regards D’s loans, from October 14, 2013, E was incorporated into each special bond from October 21, 2013, and managed E’s loans. (C) The Plaintiff loaned KRW 500,000 to the Cheongsan Fisheries Corporation on October 11, 202.

2) In relation to the above loan, the Plaintiff entered into a mortgage contract with the maximum debt amount of KRW 700,000 regarding five parcels outside Gangnam-gun G, Jinjin-gun, and completed the registration of the establishment of the said contract with the second priority collective security right, following the first priority collective security right of KRW 1 billion against the maximum debt amount of the National Federation of Fisheries Cooperatives. 3) The said corporation delayed the repayment of principal and interest from September 21, 2005.

4. On March 18, 2013, the Plaintiff failed to receive distribution in the voluntary auction procedure for the pertinent real estate, and from June 28, 2013, the said loan claims were incorporated into special bonds.

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