대출자책임소송과 그 시사점에 관한 연구

The purpose of this article is to call attention to financial institutions about the lender liability claims in a social atmosphere to stress the consumer protection. Lender Liability means US legal doctrine under which a lending bank may be held liable for a borrower's financial losses that are directly or indirectly related to the bank's actions. A bank is potentially liable for loans made in bad faith, refusing to advance new loans or credit extensions after promising to do so, taking a controlling interest in the borrower's business, or foreclosing on borrower's assets without proper procedure and notification. Lender liability is an umbrella term for a lender's actual or potential liability to its borrower or third parties for claims relating to a loan. Almost every lender liability lawsuit contains the allegation that the lender had a good faith fiduciary relationship and that the lender has otherwise violated a duty to act in good faith and with fair dealing. In Korea, lender liability claims are still rare and unusual. But bankers should not misunderstand that they are always exempted from liability if they didn't violate rules and contracts concerned. A yardstick of judgement to evaluate weather or not the rules or contracts are violated, when a borrower suffered damage by the inappropriate actions of bankers, is subject to change especially in the leaning toward consumer protection. Bankers should not only keep from inappropriate actions, such as misrepresentation, interferences, breach of contract and breach of duty of good faith, but also avoid to establish unnecessary special relations with borrowers to prevent allegation of fiduciary duty to customers when lender liability claims raised.