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(영문) 대법원 2011.05.13 2009다62608
손해배상(기)등
Text

The judgment below

Among the damages caused by unfair loans to Defendant B and C, and Defendant D, E, F, G, H, I, and I.

Reasons

We examine the grounds of appeal.

1. Claim for damages due to unfair loans

A. The officers and employees of a financial institution to Defendant B and C are obliged to perform their duties as officers and employees at the time they faithfully performed their duties as a good manager. However, if a financial institution is liable for damages due to nonperformance of its duties against its executives and employees on the ground that they neglected to perform their duties related to loans, it cannot be readily concluded that the judgment of the executives and employees who issued the loan decision is in breach of the good manager’s duty of care or duty of loyalty. If the business judgment of the financial institution related to the loan was conducted as a reasonable financial institution in good faith for the maximum interest of the company in accordance with the appropriate procedure with reasonable information, unless there is any substantial unreasonable reason in the decision-making process, the business judgment of the executives and employees of the financial institution is within the permissible scope of discretion, and the financial institution’s officers and employees have fulfilled their duty of due care or duty of loyalty to the company. Whether they have neglected to perform their duties in accordance with the above good manager’s duty of care or not should be determined as a whole between the loan decision-making case and the debtor’s repayment plan.

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