손해배상(기)
1. The Plaintiff:
A. Defendant B’s KRW 109,392,243 as well as 5% per annum from January 20, 2017 to November 2, 2018.
1. Part of the claim against the defendant B
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);
C. Pursuant to Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissals and Article 2(2) of the Addenda of the same Act (amended by May 21, 2019), a claim for damages for delay seeking payment in excess of the amount calculated at the rate of 12% per annum from June 1, 2019 to 12% per annum
2. The part of the claim against the defendant C
A. The Plaintiff’s assertion that Defendant B purchased the Plaintiff’s five parcels of land (hereinafter “instant land”) outside Kimpo-si, Kimpo-si, and proposed a new construction and sale of the parcel of land (hereinafter “the instant land”). During that process, Defendant E conspired with Defendant B to recommend illegal loans to the Plaintiff, and thereby, it was useful for the Plaintiff to receive KRW 15,000,000 from the Plaintiff.
In addition, although the transfer cost for the registration of the above land is 51,007,565 won, the above E received 65,80,000 won from the plaintiff and appropriated the remaining 14,792,243 won.
Since the act of the above E is closely related to the administrative execution of defendant C in external shape, the defendant C is liable to compensate the plaintiff as the employer of the E for the damages.
B. First, we examine the part of the loan handling fee.
The phrase "in relation to the performance of an employee's business", which is a requirement for the employer's liability under Article 756 of the Civil Code, means that if the employee's unlawful act objectively appears to be related to the employee's business activity, the act is objectively conducted without considering any subjective circumstances. Here, whether it is objectively related to the performance of an employee's business is related to the employee's original and illegal act, and the degree of the employee's loss and the lack of risk to the employee and prevention measures.