구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 30, 2011, the Plaintiff entered into a financial institution comprehensive compensation insurance contract (hereinafter “instant insurance contract”) with the term “C” as the insured on April 1, 2011 to April 1, 2012, with the term of coverage from April 1, 2011 to April 1, 2012, with the content that the insurance security is Empluriy and Forgery Poverage Poverage (employee’s malpractice and forgery) with the content that the insurance security is liable for damages (hereinafter “instant insurance contract”).
B. The Defendant is a C’s employee who had been engaged in the business of storing and managing construction materials at the construction site of Saudi Arabia E (hereinafter “the construction site of this case”) where C is constructed by being awarded a contract for construction work of a petroleum chemical complex from D (hereinafter “D”) to January 2012.
C. Meanwhile, the Defendant was charged with embling construction materials, such as electric cables, pipes, etc. equivalent to KRW 1,891,269,01 (hereinafter “the instant construction materials”), which remain at the construction site of this case under the Jung Government District Court Decision 2012Ra172, and the said court found the Defendant guilty on October 12, 2012 on the ground that he embezzled the instant construction materials, which are owned by D or C, the owner of the ordering site, at least d or C (i.e.,, the Defendant did not recognize the crime of embezzlement with the victim, contrary to the prosecutor’s charges), and the judgment of conviction of embezzlement was also maintained in the appellate court and the final appeal.
(The sentence was reduced in the appellate court). D.
Meanwhile, C filed a claim for the payment of insurance proceeds on the ground that “the Defendant embezzled the amount equivalent to KRW 1,891,269,01 of construction materials, such as electric cables and pipes owned by C, which remain at the construction site of this case,” and the Plaintiff embezzled the instant construction materials to C on December 31, 2013.