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(영문) 의정부지방법원고양지원 2017.05.12 2016가단87622
손해배상(기)
Text

1. The Plaintiff, Defendant B, Defendant B, and Defendant New Credit Information Company, jointly with Defendant B, KRW 5 million.

Reasons

1. Facts of recognition;

A. Defendant New Credit Information Company (hereinafter “Defendant Company”) is a company that carries on claims collection business, etc., and Defendant B is an employee of Defendant Company.

B. On April 11, 2013, the Plaintiff, who lent to C, requested the Defendant Company to collect KRW 140 million.

The agreed collection fee was 10% of the recovered amount.

C. Defendant B collected claims from Defendant C, but only partially delivered to the Plaintiff, and embezzled the remainder.

[Ground for Recognition: Facts without dispute, entry in Gap evidence 12, purport of the whole pleadings]

2. Defendant B’s liability

A. The amount collected by Defendant B from Defendant C: The collection of KRW 120 million from May 30, 2013 to September 5, 2014 (the Plaintiff, as the Plaintiff, was collected from Defendant B in cash, but there is no evidence to acknowledge it).

B. Amount delivered by Defendant B to the Plaintiff: 65 million won (Defendant B asserted that it was more than five million won to the Plaintiff, but there is no evidence to acknowledge this)

C. Defendant B, within the scope of Defendant B’s liability, embezzled 5 million won (120 million won - 65 million won) after collecting the claim from C, and thus, Defendant B, within the scope of Defendant B’s liability, shall compensate the Plaintiff for the damage KRW 55 million.

3. Liability of the defendant company

A. Under Article 756 of the Civil Act, the Defendant Company, the employer of Defendant B’s employer liability, shall jointly and severally compensate the Plaintiff for the damages incurred to the Plaintiff.

B. Even in cases where the Plaintiff’s negligent employees are liable for tort due to the Plaintiff’s intentional act, if the victim was negligent in contributing to the occurrence and expansion of the damage, the scope of the employer’s liability may be limited in determining the scope of the employer’s liability in consideration of

Article 16 (Caution No. 2) of the Agreement on Entrustment of Collection and Investigation of Credit (Property) provides that "A" shall account for the legal entity designated by "B (Defendant Company of this case)" with payment, such as collection fees.

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