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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from August 16, 2012 to the date of full payment.
Reasons
1. On October 30, 2009, the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) concluded a credit transaction agreement with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a joint and several surety of Defendant B, C, and D on a yearly rate of KRW 1,500,000,000, annual interest rate of KRW 12%, annual interest rate of KRW 24%, and extended money to the Defendant Co., Ltd. (hereinafter “instant loan”), Defendant B, C, and D, respectively.
After that, the Defendant Company lost the benefit of time for the instant loan, and on August 16, 2012, the balance of the principal of the loan as of August 16, 2012 is KRW 1,517,803,684.
The Korea Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap47, and the plaintiff was appointed as the trustee in bankruptcy.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.
2. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally are liable to pay the Plaintiff the agreed damages for delay calculated at the rate of 24% per annum from August 16, 2012 to the date of full payment with respect to KRW 200,00,000,000 for the Plaintiff’s partial claim out of the balance of the above loan, and Defendant B, C, and D are jointly and severally liable to pay the said money within the limit of KRW 2,100,000,000 per annum.
3. As to the assertion by the Defendant Company and B, the said Defendants received the instant loan on the condition that they would repay the debt amount of 3.8 million won to the Korea Savings Bank, which is an employee of the Korea Savings Bank, by coercion of E, and accordingly, the Korea Savings Bank immediately recover 3.8 million won out of the instant loan immediately after the loan. Such act of the Korea Savings Bank is null and void as an unfair legal act under Article 104 of the Civil Act, and even if not, the said act constitutes a tort under Article 756 of the Civil Act, and thus, the Korea Savings Bank constitutes an employer’s liability under Article 756 of the Civil Act.