beta
(영문) 대전지방법원 2018.10.25 2016가합1889

손해배상금(변상금채권)

Text

1. The defendant shall pay 207,349,000 won to the plaintiff and 15% per annum from March 23, 2018 to the day of complete payment.

Reasons

Facts of recognition

The plaintiff is a bank under the Banking Act established with the purpose of lending funds raised by bearing debts from many unspecified persons through the receipt of deposits or the issuance of securities and other bonds.

From December 31, 2012 to December 17, 2013, the Defendant worked as the Plaintiff C’s team leader and the head of the consulting counter at the Plaintiff’s branch and new sub-branch branch, and was engaged in the National Housing Fund, multi-family house fund loan business (hereinafter “National Housing Fund loan”) entrusted by the Ministry of Land, Transport and Maritime Affairs in order to stabilize the housing and housing market of ordinary people.

According to Article 11 of the personnel regulations of the Plaintiff, employees shall comply with the relevant laws and regulations that serve as the basis for the performance of their duties. According to Article 5 of the Credit Regulations, a credit manager shall actively practice the code of ethics, comply with credit-related regulations, and form a sound credit culture. According to the National Housing Fund Loan Business Manual, the prior payment of loans is required to be made after the commencement of construction works of a housing construction business (the acceptance of a report on commencement of construction works and the commencement of construction works) and the fixed-term payment shall be made at a fixed rate within 90% of the loans, and the fixed-term payment shall be paid at least 10% of the loans after the use of a building is approved.

According to Article 3 of the Plaintiff’s Guidelines for Deliberation on Compensation for Accidents and Non-performing Loans, if an employee, etc. causes a loss to the Plaintiff or the Plaintiff’s trader by intentionally or by gross negligence in connection with his/her duties, he/she shall be liable to compensate the Plaintiff as prescribed by the above Guidelines. According to Article 3 subparag. 1 (a) of the Compensation Standards for Compensation for Loan from the National Housing Fund, where a loss occurs by treating illegal or intentional credit, or where a loss is verified in the future, the principal and interest of the credit,

참조조문