구상금
1. As to KRW 73,413,210 and KRW 65,172,870 among the Plaintiff, the Defendant shall start from November 10, 2015 to November 17, 2015.
1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement in Gap evidence Nos. 1 to 4.
The Defendant entered into an insurance contract for fidelity guarantee with the insured status of the Gosung-gun Forestry Cooperatives (hereinafter referred to as the “Seong-gun Forestry Cooperatives”) working by the Defendant as the insured (hereinafter referred to as the “Seong-gun Forestry Cooperatives”) from February 14, 2006 insurance period from February 14, 2006 to February 13, 2007; the amount of the insurance coverage amounting to KRW 50 million; ② the insurance coverage period from February 14, 2007 to February 13, 2008; and ② the fidelity guarantee insurance contract with the amount of KRW 50 million (hereinafter referred to as the “instant guarantee insurance contract in total”).
B. The content of the instant guarantee insurance contract is that the Defendant would compensate the insured for the damages incurred by the Defendant’s intentional or negligent act while working in the non-party partnership that is the insured.
C. The non-party union asserted that the damage was caused by the Defendant’s intentional act, and on April 2, 2013, claimed insurance proceeds to the Plaintiff. On April 30, 2013, the Plaintiff paid insurance proceeds of KRW 65,172,870 in total to the non-party union (i.e., insurance proceeds of KRW 45,771,690 based on the insurance contract as of February 14, 2006).
Meanwhile, at the time of concluding the instant guarantee insurance contract, the Plaintiff and the Defendant paid interest in addition to the interest rate from the day following the date of the payment of the insurance money paid by the Plaintiff. The aggregate of the principal calculated as of November 9, 2015 is KRW 73,413,210 [= KRW 51,58,980 in aggregate of the principal and interest based on the insurance contract as of February 14, 2006 (“the principal interest of KRW 45,771,690 in overdue interest of KRW 5,787,290] (= the principal interest of KRW 21,854,230 in aggregate of the principal and interest of KRW 21,854,230 in accordance with the insurance contract as of February 14, 207 (“principal amount of KRW 19,401, 180 in overdue
2. According to the above facts of determination, the defendant's total sum of KRW 73,413,210 and its interest as the amount of indemnity under the guarantee insurance contract of this case shall be the plaintiff.