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(영문) 서울중앙지방법원 2014.07.11 2013가합93673

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, from January 1, 2008 to February 26, 2010, ASEAN served as the Director-General of the D Post Office who performs the State’s delegated body affairs under the Special Post Offices Act.

B. On August 6, 2009, the Plaintiff paid 200 million won of the construction fund to B’s representative director of E Co., Ltd. (hereinafter “E”) by the due date of repayment on August 21, 2009. In such a case, the Plaintiff transferred KRW 200 million to the D Post Office deposit account in the Plaintiff’s name, and then affixed the Plaintiff’s seal and affixed the Plaintiff’s deposit withdrawal application to B.

(hereinafter referred to as “instant loan for consumption”). (c)

C at the time the payment guarantee under the loan agreement of this case was made in the name of the Director-General of D Post Office C, and affixed the official seal of the Director-General of D Post Office C.

(hereinafter referred to as “payment guarantee of this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap 1 through 5 and the purport of the whole pleadings.

2. The plaintiff's assertion

A. Since C’s liability to guarantee the payment of this case as the director of D Post Office, the Defendant is liable for the performance of the guaranteed obligation to the Plaintiff.

B. The State Compensation Act applies to the State Compensation Act since the State Compensation Act is a person who is entrusted with a public service, and thus, the State Compensation Act applies to the Plaintiff by guaranteeing the payment of the obligation under the loan contract of this case between the private parties without authority. Therefore, the Defendant is liable to compensate the Plaintiff under the State Compensation Act.

C. Even if the Defendant is not liable for damages under the State Compensation Act, the Defendant, as an employer, is liable for damages under the Civil Act as an employer of C.

3. The judgment of this Court

A. According to the Postal Savings and Insurance Act as to the occurrence of liability for payment guarantee, post offices are engaged in deposit and insurance business, and credit business does not fall under the scope of business.