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1. The Plaintiff:
A. Defendant B and C jointly share KRW 2,022,347,00, and Defendant B’s related thereto from March 3, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a juristic person established pursuant to the Community Credit Cooperatives Act for the purpose of receiving deposits and installment savings from its members or providing loans to its members, and Defendant B served as the Plaintiff’s manager from February 2, 2010 to February 2012, as the Plaintiff’s former director, from March 2012 to January 2014; Defendant C as the head of the Plaintiff’s credit department from around 2003 to October 2010; Defendant D as the head of the Plaintiff’s credit division from around November 201 to December 2013; and Defendant E as the Plaintiff’s regular business from March 2, 2012 to around December 2013.
B. According to the Plaintiff’s credit business regulations and other relevant provisions, loans to the same person may not be extended in excess of 20/100 of the total amount of investments and reserve funds, or 1/100 of the total assets, and in the case of loans provided in excess of KRW 300 million after July 16, 2010, a loan should be conducted according to the collateral ratio, subject to appraisal by an external institution, with respect to loans provided by the debtor.
In addition, when a secured loan is implemented, a new loan shall not be granted to a debtor in arrears who has incurred losses to a credit company and conducted a loan by taking into account the financial utility, appraisal price, difficulty of the management and realization disposition, and other legal regulations and regulations of the security, and the use of the loan is appropriate, the asset and credit status is good, and the cash flow is considered, in principle, a debtor in arrears who has incurred losses to the credit company.
C. Nevertheless, the Defendants violated the Plaintiff’s above credit business rules and carried out a loan to F as follows.
Around May 2010, Defendant B and C conspired to require F to divide F’s land, etc. in North Korea-gun, the actual owner, into several parcels and make different owners of G land, etc., and then apply for a loan of not more than 200 million won to each titleholder.