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(영문) 서울동부지방법원 2014.01.24 2013가합12844
직권면직처분취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence 1 to 2-3, Gap evidence 5 to 10-3, Gap evidence 12, Gap evidence 14 to 15-2, Gap evidence 17-1, 2, Eul evidence 1 to 8-3, and the whole purport of the arguments.

The defendant is a juristic person operating a credit business, etc., and the plaintiff was employed by the defendant on September 15, 1993 and worked as a person in charge of loans from January 18, 2008 to January 13, 2010, and is ex officio dismissed from the defendant on July 9, 2013.

B. (1) On July 8, 2009, the implementation of a loan based on a forged payment guarantee letter (1) a loan of KRW 10 billion (a) C, D, etc. was carried out from December 2, 2008, and the construction implementation project of an apartment located in Scheon-si was sought to secure investment funds in order to ensure that the project financing loan was not made well.

(B) On June 2009, D asked the Plaintiff, who had worked as the director at Defendant B’s branch, at Defendant B’s early 2009, whether it is possible to grant project financing loans related to the above business. Accordingly, at the time, the Plaintiff issued a conclusion that it is difficult for the Plaintiff to obtain project financing loans, as a result of the show with E, the head of Defendant B branch office, and notified D thereof.

(C) At the end of June 2009, D showed six copies of the payment guarantee certificate issued to the Plaintiff (a copy of the payment guarantee certificate issued in the name of the Director of the National Bank Trade Center of Korea, the respective amount of security deposit of which is five billion won) and asked whether a loan is possible at the Defendant B’s location. The Plaintiff confirmed the bank payment guarantee certificate limit, etc. that can be treated at the business store in E and indicated with E, and responded that D can provide a security guarantee loan within the limit of five billion won with the front decision of the branch office at Defendant B.

(D) The Plaintiff secured a payment guarantee from D on July 6, 2009.

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