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(영문) 대전고등법원(청주) 2017.12.12 2017나5267
손해배상(기)
Text

1. Of the judgment of the court of first instance, it is against Defendant C and D equivalent to the amount ordered to be paid below.

Reasons

1. The scope of this Court’s trial at the first instance court, jointly and severally with E, filed a claim against Defendant B for payment of KRW 102,553,881 as well as damages for delay. The court of the first instance partially accepted the Plaintiff’s claim against Defendant B for KRW 87,359,849, the amount of KRW 14,00,000, and the amount calculated at the rate of KRW 15% per annum from January 15, 2016 to January 12, 2017, and the amount of KRW 15% per annum from the next day to the date of full payment.

Therefore, since only the plaintiff appealed against the plaintiff in the judgment of the court of first instance, the scope of the judgment of this court as to the plaintiff's claim against the defendant B is limited to the part appealed by the plaintiff in the judgment of first instance

2. Basic facts

A. Status 1 of the parties to the dispute is the H Credit Union (hereinafter “instant union”).

(1) On July 14, 1994, a credit union established under the Credit Unions Act was merged with the Plaintiff on May 27, 2015. Defendant B non-standing president in charge of the name-based position-based position-based affairs on March 23, 1994; Defendant C non-standing president on March 1, 2010, who will be in charge of the business affairs on June 17, 2014; Defendant D director on September 1, 2014; Defendant D director on February 28, 2010; Defendant C non-standing director on May 15, 2015; Defendant C director on January 1, 2011; Defendant C non-standing director on May 15, 2015; and Defendant C non-standing director on May 11, 2015; and Defendant C non-standing director on May 21, 2015;

B. The final and conclusive judgment E with respect to E is on the job at the window of the instant association’s office located in the aggregate nine times from July 31, 2007 to August 30, 2010, that “it obtained pecuniary benefits equivalent to KRW 226,484,850 by operating a computer terminal at a total of 67 times from around December 5, 2005 to entering information on deposited remittance in the office of the instant association without authority.”

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