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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The grounds for this part of the facts are as stated in the "1. Basic Facts" portion of the judgment of the court of the first instance, except for the fact that the court used for the purpose of repaying the principal and interest of the loan and returned only nine million won among them as repayment of the principal and interest of the loan," which is stated in the second 14 and 15 of the judgment of the court of the first instance, in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The defendant's grounds for disciplinary action against the plaintiff
Even if C is the mother of the Plaintiff’s spouse, not only the Plaintiff but also the Plaintiff’s relatives within the fourth degree of relationship, but also the Plaintiff returned the embezzlement to C. The Plaintiff’s violation of the Act on Real Name Financial Transactions and Confidentiality, as in the instant case, is a practice that implicitly takes place in the entire financial industry to be well evaluated of performance, and the Plaintiff’s private lending and borrowing of money was conducted as a small amount and immediately after borrowing, and the Plaintiff’s spouse and university students work in good faith for a period of not more than 20 years. Thus, the dismissal of the instant case is null and void as it deviates from and abused discretionary power.
3. Determination
A. In a case where a disciplinary action is imposed against a person subject to disciplinary action in the relevant legal doctrine, it is left at the discretion of the person having authority to take the disciplinary action. However, if the person having authority to take the disciplinary action as an exercise of discretionary authority is deemed to abuse the discretionary power, it can be deemed unlawful. If the disciplinary action is deemed to be an unlawful disposition beyond the scope of discretionary power because it has considerably lost validity under the social norms, according to specific cases, the contents and nature of the offense causing the disciplinary action, the purpose of achieving the disciplinary action, and the criteria for a disciplinary action, etc.