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(영문) 서울중앙지방법원 2015.11.06 2015가합518510
적립금 이관의 소
Text

1. The Defendant’s KRW 134,346,00,000 as well as 5% per annum from September 11, 2014 to November 6, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation established for the purpose of protecting depositors and maintaining the stability of the financial system by efficiently operating the deposit insurance system in order to cope with situations in which financial institutions are unable to pay deposits, etc. due to bankruptcy, etc. according to Article 3 of the Depositor Protection Act as of June 1, 1996, the Plaintiff’s status 1) is as its major business. The Defendant is a corporation established under the Agricultural Cooperatives Act to improve the economic, social and cultural status of farmers based on the independent cooperative organization of farmers, and to enhance the quality of farmers’ life through strengthening the agricultural competitiveness, and a federation of national units of association, local associations and item associations (hereinafter collectively referred to as “unit associations”) as members of the National Federation, etc.

Before the revised Agricultural Cooperatives Act (amended by Act No. 10522, Mar. 31, 2011) enters into force on March 2, 2012; hereinafter "amended Agricultural Cooperatives Act"), the Defendant was engaged in educational business, economic business, credit business, and mutual aid business.

B. 1) The Defendant’s amendment of the Agricultural Cooperatives Act prior to the enforcement of the Act on the Structural Improvement of Agricultural Cooperatives (hereinafter “former Agricultural Cooperatives Act”) and the Defendant engaged in a mutual aid business similar to the insurance business without being subject to the Insurance Business Act. The Defendant is a “former Act on the Structural Improvement of Agricultural Cooperatives” for mutual aid business, etc. (hereinafter “former Act on the Structural Improvement of Agricultural Cooperatives”).

In accordance with Article 11, the Mutual Finance Depositor Protection Fund was established and operated, and the Fund was separated from the credit business account and mutual aid business account in accordance with Article 16(3) of the former Act on the Structural Improvement of Agricultural Cooperatives (Article 16(3) of the same Act) but the Government and the National Assembly in the 2000s.

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