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(영문) 서울중앙지방법원 2017.11.10 2016가합568437
구상금
Text

1. The Defendant’s KRW 431,950,685 as well as 5% per annum from February 19, 2016 to October 5, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 29, 2016, Seoul High Court 2015Na25640 (Seoul High Court 2015Na25640), which held that “the Plaintiff shall pay to B 3.6 million won per annum from April 25, 2012 to January 29, 2016 and 20% per annum from the next day to the day of full payment” based on the following facts findings and judgments.

The above judgment became final and conclusive on February 19, 2016.

① At the time of November 15, 2011, the Defendant, a branch office of the Plaintiff as of November 15, 201, issued a valid payment guarantee certificate for personal purposes to collect fees, and caused trusted B to lend KRW 600 million to D and thereby causing a loss equivalent thereto.

② Since the Defendant’s act of issuing the Defendant’s payment guarantee certificate is an act pertaining to the Plaintiff’s business performance objectively, the Plaintiff is liable for damages incurred as the Defendant’s employer.

③ Although the Plaintiff was negligent in neglecting his/her duty to prevent the occurrence of damages, the Plaintiff’s liability is limited to 60%.

B. On February 19, 2016, the Plaintiff deposited KRW 431,950,685, totaling KRW 360,000 (in the calculation method of total number of days) and delay damages therefor, KRW 71,950,685 (in the calculation method of total number of days) as the principal and KRW 3627,00, the Seoul Central District Court deposited KRW 431,950,685 as the principal and KRW 3627.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Inasmuch as an employer may exercise the right to indemnity against an employee pursuant to Article 756(3) of the Civil Act, barring any special circumstance, the Defendant is the date of serving a copy of the instant complaint from February 19, 2016, which is the date of reimbursement deposit.

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