(영문) 부산지방법원 2015.01.21 2013가합49315

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(영문) 부산지방법원 2015.01.21 2013가합49315

손해배상(기)

Text

1. The Defendants’ respective Plaintiff KRW 27,337,90 and Defendant B and D with respect thereto from December 30, 2014 to January 21, 2015.

Reasons

1. The following facts are deemed to have been led by Defendant C to the confession between the Plaintiff and the Defendant C, and there is no dispute between the Plaintiff, Defendant B, and D, or may be acknowledged by taking account of the overall purport of the pleadings as a whole in the descriptions of evidence Nos. 1 to 4, and evidence Nos. 1 to 1.

The plaintiff is a community credit cooperative established under the Community Credit Cooperatives Act for the purpose of receiving deposits and installment savings from members and lending funds.

Defendant D is a person in charge of the purchase of securities with the head of the Plaintiff’s department, Defendant B is a person who served as the president of the Plaintiff from February 18, 2004 to February 28, 2012, and Defendant C is the managing director of the Plaintiff.

Defendant B and C have a duty to manage and supervise their employees, including Defendant D, as a general supervisor and an intermediate supervisor.

B. Article 24 of the former Enforcement Decree of the Community Credit Cooperatives Act (amended by Presidential Decree No. 20305 of Oct. 4, 2007) provides that surplus funds of community credit cooperatives shall be deposited with the Federation on 1.1.

2. Money trust in a financial institution or in a trust company;

3. National and local bonds and securities determined by the head of the Federation may be operated by the method of “purchase of securities determined by the head of the Federation.” 2) Regulations on the supervision of community credit cooperatives (hereinafter referred to as “Enforcement Regulations”).

(1) The methods of operating surplus funds pursuant to the provisions of Article 24 of the Enforcement Decree of the Community Credit Cooperatives Act shall be as follows:

5. The total amount of purchase of securities under Article 42 (1) 7 and beneficiary certificates for which the ratio of inclusion of such securities into the said securities is not less than 30/100 shall be cash and as of the date immediately preceding such purchase; and

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