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(영문) 청주지방법원 2017.11.15 2016가합22216
손해배상(기)
Text

1. As to the Defendant C and E’s KRW 600,000,000 for each of the Plaintiff and the Defendant C from December 7, 2013 to September 2, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established on March 10, 1982 under the Community Credit Cooperatives Act. Defendant B is the Plaintiff’s non-standing chief director, Defendant C is the Plaintiff’s regular director, and Defendant D was the Plaintiff’s employee.

B. Defendant C participated in each loan contract listed in the separate sheet of crime No. 1 (hereinafter “instant loan contract”) by evaluating the collateral of Defendant E in excess of the actual market price and obtaining a loan of KRW 300,000,000 on September 11, 2012, and the Plaintiff approved the instant loan contract after obtaining approval from Defendant B.

Article 32 (Principles of Acquisition of Security) (1) When acquiring a security, it shall be determined by comprehensively examining and determining the economic utility of the security, appraisal price, degree of difficulty of management and realization of the security, and other matters under the relevant Acts and subordinate statutes.

Article 34 (Appraisal of Security) (1) When a person acquires a security, he/she shall appraise the security without delay.

(2) The appraisal and assessment of securities shall be made according to the following prices:

1. Appraisal by an appraisal corporation;

2. Appraisal of apartments, etc. under the agreement with the Korea Appraisal Board;

3. Deleted;

(1) The definitions of terms used in this business manual shall be as follows:

1. The term "appraisal value" means the value of goods appraised by the following methods:

An appraisal by an appraisal corporation;

(b) An appraisal of apartments, etc. under an agreement with the Korea Appraisal Board;

(c) self-evaluation;

2. The term "loanable amount" means the amount obtained by subtracting senior mortgage, security deposit, small deposit, senior bond, etc. from the appraised value by the collateral recognition ratio;

Provided, That where the senior mortgage is the loan of this treasury and is the same debtor, the balance of the loan shall be deducted.

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