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(영문) 대구고등법원 2015.06.11 2014나22315
직무정지 조치 취소의 소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's respective lawsuits of this case shall be dismissed.

3. The total cost of the lawsuit shall be individually counted.

Reasons

1. The following facts do not conflict between the parties, or can be found in full view of Gap evidence Nos. 1, 2, 3, 6, 16, 18, 19, 27, 30, 35, 36, 41, 43, 48, 49 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 3, 6, 16, 18, 2, and the whole purport of the arguments.

The defendant is the central federation established by consisting of regional community credit cooperatives under the Community Credit Cooperatives Act, and the plaintiff is a person who served as the president of the Korea Saemaul Bank in Chungcheongnam-gun B from April 1, 2012 and was ordered to suspend his/her duties on December 16, 2013, as follows.

B. (1) On May 2013, when the Plaintiff was in office as the president of the Korea Saemaul Bank, the Plaintiff received a request from the I, an employee of the KH Hospital funeral hall, to lend funds to take over the KH Hospital funeral hall, and ordered the J, etc., who is an employee of the Korea Saemaul Bank, to examine whether it is possible to grant a loan to I. As a result of examining whether it is possible to do so. (2) On November 1, 201, the Korea Land Trust Co., Ltd. already acquired the ownership of the land of H Hospital site as the reason of the trust. Since the Gannam Bank is designated as the first priority beneficiary of the first priority beneficiary deposit amounting to KRW 2.7 billion, it would be likely that the collection of the loan would be impossible if the C Saemaul Bank provides a loan to I.

Accordingly, the plaintiff and J have decided not to make loans or direct investments to H hospitals within the scope of internal decision-making.

3) From April 27, 2013, the Plaintiff became aware of the fact that, through an internal review process, the monthly sales of the H Hospital funeral hall to approximately KRW 40 million, through an internal review process, including gathering opinions on the investment in the funeral hall from H Hospital operator K and H Hospital funeral hall employee I, the Plaintiff became aware of the fact that the profitability of the funeral hall operation business was high, and that the monthly sales of the H Hospital funeral hall amounted to approximately KRW 40 million. Meanwhile, on or around August 27, 2009, the Plaintiff conducted voluntary auction procedure, along with wife D, G, and E’s wife F.

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