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(영문) 대전지방법원 2014.06.11 2013가합8315
개선조치요구처분무효확인등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a non-profit corporation established under the Credit Unions Act with the members of all unions in order to guide and supervise the affairs of the credit union (hereinafter referred to as the "union") and promote the enhancement of their common interests and the sound development. The plaintiff was appointed as a non-standing director of the B Union (hereinafter referred to as the "B") that the defendant inspected and supervised on February 18, 2006, while he was in office as a standing director from February 16, 2008, and whose duties are suspended upon the defendant's request of improvement measures as of September 14, 201 as follows.

The defendant filed a previous lawsuit from February 24, 2009 to February 27, 2009 and conducted a comprehensive inspection of B's overall business (the period: : 1 February 1, 2008 to January 31, 2009). As a result, the plaintiff demanded B to take a disciplinary measure for one month of suspension from office (hereinafter referred to as "first disciplinary measure") against the plaintiff on the ground that (i) handling the loan limit of the same person in excess of the credit limit of the same person, (ii) unjustly reducing or exempting interest, and (iii) processing B's business, such as the acquisition of collateral, unfairly, such as (i) handling the loan limit of the same person; (ii) taking a disciplinary measure against B, as a perpetrator, for the plaintiff on August 13, 2009.

Accordingly, the Plaintiff filed a lawsuit disputing the validity of the first disciplinary action (Seoul District Court 2009Gahap9939) and was sentenced to the judgment on June 22, 2010 to verify that the first disciplinary action is null and void. While B appealed, the appeal was dismissed on December 29, 2010 by Daejeon High Court 201Na4736, which became final and conclusive on January 18, 2011.

On February 25, 2011, the defendant reviewed the first disciplinary measure on February 25, 201 in accordance with the above final judgment and decided to change it to a reprimand, and requested B to reprimand the plaintiff.

Meanwhile, the Defendant conducted a comprehensive inspection against B from December 7, 2010 to December 10, 2010, when the said judgment was pending in the Daejeon High Court No. 2010Na4736, and a partial inspection is conducted from February 22, 2011 to February 23, 2011.

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