[대여금청구사건][하집1992(2),271]
Loans or private legal effects made in violation of Article 37 of the Mutual Savings and Finance Company Act (=effective)
In Article 37 of the Mutual Savings and Finance Company Act, the purport that the Mutual Savings and Finance Company shall not grant a loan or discount bills to investors, executives and employees, and their lineal relatives is to prevent executive officers and employees from obtaining a loan, etc. by taking advantage of their status, so the above provision is so-called regulation, and therefore, even if the loan, etc. was made in violation of the above provision, it does not affect the judicial effect.
Article 37 of the Mutual Saving and Financing Act
Ansan Mutual Savings Bank, Inc.
Lee In-Name et al.
1. The Defendants jointly and severally pay to the Plaintiff 10,979,854 won with an amount equal to 25 percent per annum from July 12, 1983 to the date of full payment.
2. The costs of lawsuit shall be borne by the defendants.
3. Paragraph 1 can be provisionally executed.
The same shall apply to the order.
In full view of Gap evidence Nos. 1-2, 2, 3, 1-2, 2-3, 3-1, 3-1, 4-4, 1, 2, 5-1, 2, and 3-3 of Gap evidence Nos. 1-2, 5-2, and 1,2-3 of Gap evidence Nos. 1-2, and witness testimony, the plaintiff is jointly and severally guaranteed by the defendants and non-party Nos. 1-3, 1981, and the defendant Nos. 1-2, 18, 30, 2,000 won are lent to the non-party Nos. 2,90, 600 won with interest on the principal and maturity of the above loans and the above deceased's 97-2,000 won with interest on the above loans and interest on the 97-2,000 won interest rate per annum for the above 97% interest rate per annum until July 1, 1983.
Defendant Lee Jong-hee stipulated that the mutual savings and finance companies, such as the Plaintiff under the Mutual Savings and Finance Act, should not provide loans to the officers and their lineal relatives. However, the Plaintiff was the director of the Plaintiff’s saving and finance company at the time of lending the above network migration and the above money to the Defendants. Since Defendant Lee Jong-hee was his wife, Defendant Lee Dong-hee was his wife, and Defendant Lee Dong-hee was his father’s wife, the Plaintiff’s lending of the above network migration and the above money to the Defendants was in violation of the Mutual Savings and Finance Company Act,
Therefore, Article 37 of the Mutual Savings and Finance Company Act provides that a mutual savings and finance company shall not grant a loan or discount on bills to investors, executives and employees, and their lineal relatives. Since the above provision is established in order to prevent executive officers and employees from obtaining a loan by taking advantage of their status, it shall be deemed that the above provision is so-called regulation, and therefore, even if a loan was made in violation of the above provision, the validity of the private law shall not be affected even if the loan was made in violation of the above provision. Thus, the above defense without further review is without merit.
Therefore, the defendants are jointly and severally liable to pay to the plaintiff the amount of 10,979,854 won (2,900,600 +2,900,600 +2,9000 +600 +2,900,600 +759,97 +759,97 +759,97 +759,97 +758,500 + the sum of the principal of each of the above loans from July 12, 1983 to July 11, 1983, which is the day following the final repayment period for 6,006,000 won, and the agreed delay damages amounting to 25% per annum reduced within the scope of the limit prescribed in the Interest Limitation Act. Accordingly, the plaintiff's claim is accepted.
Judges Park Byung-hee