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(영문) 서울고등법원 2017.06.09 2016나2018577
손해배상(기)
Text

1. The Plaintiff, Defendant CY, and Defendant CZ in the judgment of the first instance following the process of litigation and the modification of the claim in the trial.

Reasons

Basic Facts

The bankrupt A Co., Ltd. (hereinafter referred to as the "A bank") was a corporation established under the Mutual Savings Banks Act for the purpose of credit fraternity business and credit installment savings business, and the plaintiff was appointed as the bankruptcy trustee on September 26, 2013 by the Seoul Central District Court Decision 2013Hahap139.

Defendant C, Defendant D, and Defendant E and B are management of A Bank, and their status and tenure of office are as follows:

On April 6, 2007, from January 15, 2008 to January 23, 201, 2011, to February 3, 2012, 201, the 1B representative director B, who served as the name title, took over the lawsuit against Defendant CX, Defendant CY, and Defendant CZ on the ground that CW died on September 6, 201, to February 21, 2012, the 3D standing auditor from November 26, 1999 to August 4, 2005, and (B) on August 28, 2008 to September 3, 2010, while the lawsuit of this case was pending, the lawsuit against Defendant CX, Defendant CY, and Defendant CZ was taken over again against the Defendant CY on the ground that CW died on September 6, 2016.

On the other hand, on May 23, 2016, Defendant CY, Defendant CY, and CW reported inheritance limited recognition by the Seoul Family Court 2016 Madan50894 on May 23, 2016, and the said report was accepted on November 3, 2016.

A mutual savings bank may not extend credit exceeding 20/100 of its equity capital to an individual borrower pursuant to Article 12 of the former Mutual Savings Banks Act (amended by Act No. 10175, Mar. 22, 2010; hereinafter the same shall apply); Article 9 of the former Enforcement Decree of the Mutual Savings Banks Act (amended by Presidential Decree No. 20653, Jul. 29, 2008; hereinafter the same shall apply); and Article 208-8 (Public Notice of the Financial Services Commission) of the former Enforcement Decree of the Mutual Savings Banks Act (amended by Presidential Decree No. 20653, Jul. 29, 2008; hereinafter the same shall apply); and if a mutual savings bank exceeds the said credit limit

In addition, in accordance with Article 2 of the Regulation on Supervision of Business of Mutual Savings Banks, Article 2 of the Standard Operating Manual of Mutual Savings Banks, and Articles 3, 4, 5, 8, and 27 of the Standard Loan Regulations, the borrower shall handle loans.

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