대여금 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The court's explanation of this part of the judgment on the cause of the claim is identical to the part of the "1. Judgment on the plaintiff's claim" as stated in the 2nd to 3rd of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the defendants' defense
A. Defendants’ assertion 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)
() The Plaintiff subscribed to the Plaintiff’s retirement pension asset management trust product. As of August 6, 2015, the assessed amount is KRW 61,889,656 as of August 6, 2015. The Defendants terminate the said retirement pension asset management trust agreement by serving a preparatory document as of August 2, 2015, and set off the Plaintiff’s claim for refund of deposits equivalent to the assessed amount against the Plaintiff’s claim for the instant loans on an equal basis (hereinafter “Defendant’s assertion”).
2) The Plaintiff actually provided the instant loan to the Defendant Company, but provided the Defendant Company a loan as the primary debtor under the joint and several sureties of the Defendant Company, and forced the Defendant Company to subscribe to KRW 100,000,000 out of the instant loan to the goods of the retirement pension operated by the Plaintiff.
The plaintiff's act is an illegal act that constitutes unfair business practices stipulated in Article 52-2 (1) 1 of the Banking Act.
Due to the Plaintiff’s tort, the Defendants did not use KRW 100,000,000 out of the instant loans, thereby incurring considerable damages for the interest and delay damages.
The Defendants set-off against the Plaintiff’s claims for the above compensation against the Plaintiff on the same amount as the Plaintiff’s claims for the loans of this case.
(hereinafter “Defendant 2’s assertion”). (b)
Judgment
1. As to the Defendants’ assertion, in order to terminate the Plaintiff’s retirement pension asset management trust product that the Defendant Company joined, the termination of the retirement pension plan pursuant to Article 38(1) of the Enforcement Decree of the Guarantee of Workers’ Retirement Benefits Act.