CONTENTS
- 1. The Client Who Requested Help from a Damages Attorney
- - Specific Circumstances of the Case Identified by the Damages Attorney
- 2. Damages Attorney, Assistance to Have the 300 Million Won Damages Claim Dismissed
- - Damages Attorney, Argument of Approval by Senior Approving Officers
- - Damages Attorney, Argument of the Client's Contribution
- - Damages Attorney, Argument of Legal Principles to Limit Damages Liability
- 3. As a Result of the Damages Attorney's Assistance, All of the Plaintiff's Claims Dismissed
1. The Client Who Requested Help from a Damages Attorney
The client who requested help from a damages attorney was facing a damages lawsuit of approximately 300 million won filed by a bank.
The client was an employee in charge of loans for the plaintiff (the bank) and handled loan review work.
Recently, owing to a mistake by the client during the loan review process, a loan was extended to an unqualified customer, and the plaintiff filed a damages lawsuit claiming that it had suffered a loss as a result.
The client was greatly taken aback by the large damages claim of 300 million won and requested help from a damages attorney.
Specific Circumstances of the Case Identified by the Damages Attorney
The client had worked as an employee of the plaintiff for more than 5 years.
While handling loan work, the client had processed his duties in compliance with all procedures and regulations.
In this case, a problem arose because, even though some of the customer's documents were incomplete during the loan review process, this was overlooked and the loan was approved.
After the loan was approved, the customer did not make repayments for a certain period, and as a result the plaintiff suffered a financial loss.
The plaintiff, seeking to hold the client who had reviewed the loan responsible, filed a damages claim for the amount of the harm.
2. Damages Attorney, Assistance to Have the 300 Million Won Damages Claim Dismissed
The damages attorney undertook assistance to have the plaintiff's 🔗damages lawsuit claiming 300 million won in damages dismissed.
Damages Attorney, Argument of Approval by Senior Approving Officers
The attorney argued that, when the client reported to the senior approving officers at the loan intake stage while performing the loan work in this case, and at the approval stage after the loan signing as well, they granted approval without any problem.
The client held the rank of assistant manager, and in order to approve a loan, approval must be obtained from three senior approving officers.
The damages attorney emphasized that the senior approving officers had also granted approval without recognizing the problem, and argued that it was unfair for the client, who was not the final approving officer, to bear sole responsibility for the entire loss.
Damages Attorney, Argument of the Client's Contribution
The client had worked as an employee of the plaintiff for more than 5 years and, during that period, had also improved the plaintiff's financial condition through active loan work.
The client was also usually kind and diligent and had a very good reputation among customers and colleagues.
The damages attorney argued that the plaintiff also bore responsibility for neglecting its duty of supervision, and argued that it was too harsh for the client, an ordinarily diligent and dedicated employee, to bear liability for a large amount of damages over a single momentary mistake.
Damages Attorney, Argument of Legal Principles to Limit Damages Liability
The damages attorney reviewed and presented relevant legal principles to limit the client's damages liability.
In accordance with Supreme Court precedent, the attorney argued the scope of damages in a case where an officer or employee of a financial institution is liable to compensate the institution for loss by committing an act in violation of statutes or the articles of incorporation or by neglecting his or her duties.
Taking into account the content and nature of the business concerned, the circumstances of the officer or employee's breach of duty and the manner of the breach, the objective circumstances involved in the occurrence and expansion of the financial institution's loss and their degree, the officer or employee's ordinary contribution to the financial institution, whether the officer or employee gained any benefit from the breach of duty, whether there was any defect in the financial institution's organizational system, and whether a risk management system was in place, all such relevant circumstances must be considered, and the amount of damages must be limited accordingly.
3. As a Result of the Damages Attorney's Assistance, All of the Plaintiff's Claims Dismissed
As a result of the damages attorney's assistance, the court issued a decision dismissing all of the plaintiff's claims.
This was the result of the court accepting the Daeryun attorney's opinion on the relevant legal principles and the denial of damages liability.
At financial institutions, many important tasks are carried out, such as loan review, credit business, and customer management.
If a problem related to financial institution work arises, as with the client in the case above, it is most important to clearly define the scope and details of legal liability and avoid unnecessary responsibility.
Because cases involving financial institutions are, by their nature, complex and involve large amounts of harm, it can be helpful to receive the assistance of an attorney with specialized legal knowledge and experience in related cases.
At Daeryun Law Firm, a damages attorney with knowledge in finance and insurance provides response strategies tailored to the client's case.
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