Losses due to acts of representative director most likely to borrow as if the above credit cooperative borrowed for the purpose of raising funds for private equity and liability for such credit cooperative;

If Gap, the representative director of the mutual savings bank, was requested by Eul to pay a certain amount of money to Eul as a deposit, and if Eul was delivered a promissory note issued in Byung's personal name without being bound to keep the above money in the account book for the purpose of borrowing the above money for the purpose of financing personal funds of Byung who is a private owner of the above credit bank, the act of Gap's act is invalid as the act of financing the above credit company's personal loan, although it is closely related to Eul's duties as the representative director of the above credit company, and objectively shown the act within the scope of duty of the representative director of the above credit company, and as Eul was aware of the transaction with the above credit company, the above credit company is liable for compensation for damages suffered by Eul as an employer for the act of Eul.

Article 756 of the Civil Act, Articles 389 and 210 of the Commercial Act

Attorney Kim Jong-ok et al., Counsel for the defendant-appellant

Defendant Mutual Savings and Finance Co., Ltd., Counsel for the plaintiff-appellant

Daegu High Court Decision 86Na506 delivered on March 17, 1987

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

The judgment of the court below is justified by examining the following facts: (a) on February 16, 1983, Nonparty 1, a joint representative director of the Defendant’s credit cooperative, who is engaged in the business of the mutual savings and finance company under the Mutual Savings and Finance Company Act, requested the Plaintiff to deposit KRW 10,000,000 from his office with the deposit at 1.25% per month; and (b) at the time of the Defendant’s credit cooperative, a joint representative director, was willing to borrow the above money for the purpose of personal financing of Nonparty 2, who is the above money, but at the time of the Defendant’s credit cooperative; (c) the Plaintiff was sent the above money to the counter staff without entering the above money in the ordinary account books of the Defendant’s credit cooperative; (d) the Plaintiff did not make a deposit account book with the borrowed money amount of KRW 10,000,000,000 and the interest amount of KRW 125,000,000,000.

According to the above facts of the judgment below, the non-party 1 pretended to borrow the above money from the defendant credit cooperative, and actually financed by him, such as the consent of two-thirds or more of all the members as stipulated in Article 17 (1) and (2) of the Mutual Saving and Finance Company Act, or the resolution of the board of directors, is null and void. However, the non-party 1's act is closely related to the duties of the representative director of the defendant credit cooperative, and it appears to be an objective act within the scope of duties of the representative director of the defendant credit cooperative, and since the plaintiff was aware of the transaction with the defendant credit cooperative, the defendant is liable for compensation for damages suffered by the plaintiff as the employer as to the non-party 1's act, and even if the money of the North Korean branch was paid to the non-party 10,000,000 won due to the defendant's personal qualification not as the head of the branch, as long as the plaintiff done the transaction in this case with the defendant credit cooperative and the representative agency of the corporation.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-young (Presiding Justice)