On May 8, 2014, the Plaintiff: (a) concluded a sales contract to purchase F-building F-building 1205, 602, and 335,000,000 won in purchase price; and (b) delegated Defendant B, who entered into a business agreement with the establishment of the C-bank (hereinafter “instant bank”); (c) delegated the right to lend real estate purchase funds; (d) to the instant apartment; and (e) to implement the procedures for the implementation of the ownership transfer registration under the name of the Plaintiff.

On June 30, 2014, the Plaintiff received a loan of KRW 180,00,000 from the instant bank to pay the remainder of KRW 210,000,000. Of the above loans, KRW 78,30,000 was directly received from the Defendant C’s employee in charge of loans, and the remainder of KRW 101,70,000 was transferred to the Plaintiff’s account under the name of the Plaintiff, and then partially remitted the remainder of KRW 131,370,000 and the registration cost of KRW 4,320,000 to the account under the name of the Defendant B.

Defendant C spent the above KRW 135,690,000 on the same day, using the passbook in the name of Defendant B and the seal of Defendant B, which he had been in his duty.

On the other hand, the bank of this case exempted the Plaintiff's loan within the above amount by recognizing the business negligence of the loan-in-charge in relation to the above 78,300,000 won that the loan-in-charge paid to Defendant C without the Plaintiff's consent.

Therefore, Defendant C is liable to compensate for damages sustained by the Plaintiff due to the above tort, and Defendant C is the employer of Defendant C for the above damages incurred by Defendant C to the Plaintiff pursuant to Article 756(1) of the Civil Act. Thus, the Defendants are jointly and severally liable to compensate for the said damages.