beta
(영문) 서울중앙지방법원 2015.06.23 2015가단67633

구상금

Text

1. The Defendant’s KRW 81,11,00 for the Plaintiff and the following: 5% per annum from November 8, 2013 to April 21, 2015.

Reasons

1. Basic facts

A. On June 1, 2006, the Defendant joined a Dormant Ltd. (hereinafter “Staind”) and served as a sales member of household appliances.

B. On April 2012, 2012, the Dormant Credit Guarantee Co., Ltd. (hereinafter “Stain”) concluded a contract for the guarantee insurance (hereinafter “instant guarantee insurance contract”) between the Plaintiff and the Plaintiff, and around April 25, 2012, with the period of coverage 50,000,000 won from April 25, 2012 to April 25, 2013 (hereinafter “instant guarantee insurance contract”); and around April 2013, the insured’s business partner, the principal, the Defendant, the insurance amount of KRW 50,00,000, and the insurance amount of KRW 50,000 from April 25, 2013 to April 25, 2014.

C. The Defendant embezzled KRW 82,561,000, total sales proceeds of home appliances from November 2012 to August 2013, 2013 while working in the Home Stacker B as a human resources selling home appliances.

The Dormant Street is the defendant's status around November 2013.

On November 7, 2013, the Plaintiff claimed insurance money against the Plaintiff. On the same day, the Plaintiff paid KRW 37,349,000 based on the first credit insurance contract of the instant case, and KRW 43,762,00 based on the second credit insurance contract of the instant case.

E. Meanwhile, on April 18, 2014, the Defendant filed an application for bankruptcy and exemption with the Ulsan District Court No. 2014Hadan262 and 2014Ma262, and was declared bankrupt on November 17, 2014, and was granted immunity (hereinafter “instant immunity exemption”) on January 19, 2015, and the said exemption exemption became final and conclusive on February 3, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2 (including a provisional number) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is annually prescribed by the Civil Act from November 8, 2013 to April 21, 2015, the delivery date of the copy of the complaint in this case, from November 8, 2013 to April 21, 2015, which is the day following the Plaintiff’s insurance payment date.

참조조문