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(영문) 서울중앙지방법원 2016.02.16 2013가합535979
손해배상(기)
Text

1. The Plaintiff:

(a) Defendant B: (a) from February 4, 2014, KRW 3,473,400,000;

B. Defendant C shall be KRW 519,00,000.

Reasons

1. Basic facts

A. The bankrupt A Co., Ltd. (hereinafter “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 2013Hahap139.

B. The Defendants, as managers of A Bank, are the following:

The defendant status 1 B representative director who held office from April 6, 2007 to January 15, 2008, 23 representative director from March 29, 201 to February 3, 2012, 199 to August 26, 2009 to August 4, 2005, e- director from August 28, 2008 to September 3, 2010.

relevant regulations 1) Mutual Savings Banks Act (amended by Act No. 10175, Mar. 22, 2010; hereinafter the same shall apply)

Article 12 of the former Enforcement Decree of the Mutual Savings Banks Act (amended by Presidential Decree No. 20653, Jul. 29, 2008; hereinafter the same applies)

Article 9, the Regulations on Supervision of Business of Mutual Savings Banks (Financial Services Commission’s Notice No. 2008-8, etc.) (which shall not extend credit to an individual borrower in excess of 20/100 of its equity capital, and shall meet the limits under the provisions within one year from the date on which the limits exceed those limits.

In addition, in accordance with Article 2 of the Regulations on Supervision of Business Affairs of Mutual Savings Banks, Article 2 of the Standard Operating Manual of Mutual Savings Banks, Articles 3, 4, 5, 8, and 27 of the Regulations on Standard Loans of Mutual Savings Banks, it is necessary to maintain the soundness and profitability of loans in handling loans, taking into account the credit standing and repayment ability of the borrower, the use of the funds, etc., and it is possible for a person who is deemed that there is no problem in recovering claims through comprehensive examination of the feasibility, profitability, assets, credit standing, etc. of the debtor, and a joint guarantor shall be established except for loans within the scope of security.

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