beta
(영문) 수원지방법원 2019.02.14 2017가단9684

구상금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 106,32,050 and the amount of KRW 86,303,178 from August 10, 2018 to the date of full payment.

Reasons

Around February 25, 2015, the Plaintiff entered into a contract for fidelity Guarantee (hereinafter “instant insurance contract”) with the Plaintiff’s Intervenor (hereinafter “ Intervenor”) to ensure that the Intervenor would incur losses if the Defendant committed an illegal act while serving as an employee of the Intervenor, to ensure that the Intervenor would suffer losses (hereinafter “instant insurance contract”).

E The Intervenor filed a claim for insurance money under the insurance contract of this case on the ground that the Intervenor did not pay the Plaintiff the drug price, etc. to the Intervenor, and the Plaintiff paid the Plaintiff KRW 90,787,046 to the Intervenor on July 30, 2015.

The details of calculation of damages for delay for the above KRW 90,787,046 and the calculation details applying KRW 4,483,868, which the plaintiff received a partial repayment, are as follows:

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 9, and the purport of the whole pleadings, the defendant is obligated to pay the plaintiff who acquired the rights of the intervenor as the insured pursuant to Article 682 of the Commercial Act with 106,332,050 won and 86,303,178 won per annum from August 10, 2018 to the date of complete payment.

2. Judgment on the defendant's assertion

A. The defendant asserts that the defendant was declared bankrupt on July 17, 2017 by Seoul Rehabilitation Court 2017Hadan2150, and the plaintiff reported the above claim against the defendant (hereinafter "the claim of this case") in the above procedure, and that the bankruptcy procedure was terminated on June 27, 2018, the defendant's liability was exempted.

As to this, the Plaintiff asserted that the claim in this case constitutes “compensation for damages caused by a tort by an obligor’s intentional act” under Article 566 subparag. 3 of the Debtor Rehabilitation and Bankruptcy Act and does not exempt the Defendant from liability.

Judgment

Pleadings shall be made in each entry of Gap evidence Nos. 4 and 5, which has no partial dispute.