부당징계구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit are the part arising from the intervention of the third party by the defendant intervenor.
1. Details of the decision on retrial;
A. On April 20, 1982, the Plaintiff joined the Defendant Intervenor (hereinafter “ Intervenor”) and served as a general manager of the Intervenor from July 1, 2003.
B. In lending KRW 200 million to C on July 30, 2008, the Plaintiff, after self-evaluation of the land D, E, F, and G offered as security, set up a joint collateral of KRW 260 million on the said land, and implemented a loan of KRW 200 million to C.
C. On November 8, 2011, the Plaintiff reported the purchase price of KRW 410 million exceeding KRW 350,320,000,000, which is the minimum sale price for the third sale date, from the fourth sale date of the auction procedure for the inn building, which is a security for H’s loan obligation, to the participant, thereby having the participant acquire ownership by winning a successful bid for the said inn building.
The I Organization (hereinafter “I Organization”) conducted a regular inspection of the Intervenor from October 4, 2016 to July of the same month. During that process, the Plaintiff’s secured loan against the obligor C and the obligor’s purchase of the leisure building H were inspected.
E. On January 13, 2017, the I organization notified the Intervenor of the following facts (hereinafter “instant disciplinary cause”), as it is expected to take minor disciplinary action and reimbursement measures against the Plaintiff, and thus, notified the Plaintiff of the “pre-determination of the content of the measure to be taken as a result of the inspection.”
1. The reason for acquiring a security at an association which deals with a collateral security loan is for the disposal (cash or realization) of a security pursuant to the Civil Execution Act, etc. in preparation for a case where the debtor does not pay a loan, when acquiring a security, the economic utility of the security, appraisal price, difficulty of the management and realization of the security, and other legal regulations shall be comprehensively examined and determined. In the course of loan examination, the market price of the security and the actual transaction price, etc. shall be grasped and analyzed and the basis thereof shall be determined.