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(영문) 광주고등법원 2014.10.17 2013나5878
손해배상(기) 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Around November 1, 1986, the Plaintiff was employed as a temporary employee of the Defendant and was appointed as a regular employee on January 4, 1988, and the head of the management division from January 8, 2008.

The defendant is a cooperative established with the aim of enhancing the productivity of fisheries of its members, promoting the expansion of markets for fishery products produced by its members and the facilitation of their distribution, and increasing the economic, social, and cultural status of its members by providing them with funds, materials, technology, information, etc. required by its members.

The Plaintiff’s father B received each of the loans from the Defendant at KRW 20 million on December 30, 1999 (hereinafter “the first loan”), and KRW 15 million on January 6, 200 (hereinafter “the second loan”). At the time of the first loan, the Plaintiff’s mother C and the Plaintiff, and C respectively were jointly and severally guaranteed at the time of the second loan.

On December 23, 2001, B filed an application with the Defendant for the funds for improvement in fishery management, which is a special policy fund for the reduction of fishing debts, and made a repayment on February 23, 2002 with the Defendant’s Fishery Debt Review Committee at an annual interest rate of 6.5% from Defendant E branch (hereinafter “instant loan”) and with a loan of KRW 448 million at an annual interest rate of 6.5% (i.e., the first loan of KRW 4 million on July 3, 199).

In the self-audit in 2007, the defendant pointed out the loan of this case as an unfair loan on the ground that "the loan of this case is supported by the financing purpose, etc. according to the measures to reduce fish debts, but it is used as a large loan other than agricultural and fishery funds," and managed the loan of this case to E branch by "the plaintiff paid interest on the loan of this case." Since part of the first and second loans have been used as an agreement on traffic accident, the plaintiff used as a part of the first and second loans, and therefore, until June 30, 2008, he can return the total amount of KRW 2,40,000,000 won and KRW 7,400,000,000,000 won, which is a part of the first loans, to the relevant employees.

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