손해배상(기)
1. Of the parts concerning the principal lawsuit against the judgment of the court of first instance, the following amounts shall be ordered to be paid:
On May 22, 2006, the Plaintiff entered the Defendant Bank and promoted to the Vice Minister on September 3, 2007, and was appointed on March 31, 2009. The Defendant Bank decided to dismiss the Plaintiff at a temporary general meeting of shareholders held on April 30, 2010.
Defendant C is the controlling shareholder and representative director of Defendant C Bank, and Defendant D works as a director of Defendant Bank.
[Reasons for Recognition] The Plaintiff asserts that there was no dispute, Eul evidence 1-1, Eul evidence 1-2, and Eul evidence 1-3, the purport of the entire pleadings, the Plaintiff’s occupational tort, or non-performance of obligations, and the Plaintiff’s assertion that the Defendant bank committed various illegal acts in the course of dismissing himself/herself without any justifiable reason even though he/she performed his/her duties as an auditor of the Defendant bank.
In principle, in order to increase the lending limit, the defendant bank should obtain approval from the president through a credit review committee only for loan debtors who are able to conduct normal credit transactions in accordance with the loan-related regulations. The plaintiff, when serving as the vice president, has neglected this limit and increased the credit limit to KRW 100 million to KRW 250,000,000. The plaintiff asserts that this constitutes grounds for dismissal of the defendant bank due to illegal or nonperformance to the defendant bank.
Judgment
(1) No loan shall be made to a person who has overdue loans or unsound loans, or a person who causes damage to a mutual savings bank, under Article 4 (No. 2) of the Loan Regulations (No. 2) concerning loans extended by the defendant bank.
Provided, That this shall not apply where the approval of the board of directors is obtained in any of the following cases:
1. Where a loan in arrears is extended below the same amount for the collection or rearrangement of overdue loans;
2. Article 99 (Approval for Loans) (1) where there are objective and reasonable grounds to be dealt with inevitably.