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(영문) 서울남부지방법원 2017.01.13 2016가단237749
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 82,272,052 and Defendant A from June 16, 2016 to July 28, 2016.

Reasons

1. Facts of recognition;

A. On July 2012, the Plaintiff, who was engaged in real estate loan brokerage services, concluded a contract with Defendant A to delegate loan recruitment services with the following terms and conditions. Defendant A worked at the Industrial Bank of Korea C branch under the above loan recruitment delegation contract.

① The Plaintiff shall delegate his/her duties of loan recruitment, loan consultation, receipt of loan documents from the applicant, confirmation of the principal and himself/herself, etc. to Defendant A, and the Defendant A shall perform his/her duties of due care as a good manager, and the Plaintiff shall pay the fees to the Defendant A applying the terms of the delegation loan and fee rate according to the performance.

(2) Where Defendant A incurred any loss to the customers of the Plaintiff or Industrial Bank of Korea in the course of performing delegated duties, the damage to the customer shall be claimed against Defendant A after the Plaintiff paid compensation, and where the loss was incurred to the other party due to his failure to perform his/her duty under the contract by the Plaintiff or the Defendant A, the

B. On October 28, 2015, Defendant B offered F apartment 603 Dong 1402 as collateral and took out loans of KRW 152 million from the Industrial Bank of Korea under the name of D, and deposited KRW 80,562,594 out of the loans (a money loan is used for the repayment of the secured debt of the above apartment house offered as collateral) with its own account without its own consent.

C. Defendant B’s above loan was conducted through Defendant A’s loan consultation, and Defendant A made it possible for Defendant B to conduct identification and self-verification on behalf of Defendant D in the course of identifying the applicant for the loan and self-verification.

On June 1, 2016, the Industrial Bank of Korea demanded the Plaintiff, Defendant A’s employer, to repay the loss incurred by the Industrial Bank of Korea due to the said loan, and the Plaintiff on June 15, 2016.

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