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(영문) 서울중앙지방법원 2016.05.19 2016가단15929

구상금

Text

1. The Defendant’s KRW 13,582,348 among the Plaintiff and KRW 12,698,557 among the Plaintiff, shall be KRW 83,790 from October 23, 2014, and KRW 883,790.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an insurance contract for fidelity guarantee with the Defendant, the Defendant, the purchase amount of the insurance amount of KRW 85 million, and the insurance period from August 1, 2010 to July 31, 2011.

(hereinafter “instant contract”). (b)

The defendant worked as the B branch of the non-party company, around December 2010, and around April 4, 2011, recommended that the principal be guaranteed to C who is a customer, and that it is an investment. The defendant prepared a written confirmation that it would compensate D for the principal when losses occur thereafter.

The above customers suffered total loss as a result of the investment in the Plaintiff, and filed a civil petition with the non-party company, and the non-party company paid damages to them related to the above acts by the Defendant, and claimed insurance money against the Plaintiff.

C. The plaintiff is the above A.

B. The insurance period described in the paragraph is the same.

On October 22, 2014, the insurance money of the defendant as stated in the insured events against was paid to the non-party company KRW 25,397,115 on October 22, 2014, KRW 1,767,581 on August 11, 2015, KRW 27,164,696 on the aggregate.

After that, the defendant filed an application for adjudication of bankruptcy and exemption from liability with Seoul Central District Court Decision 2014Hadan9233, 2014Ma9233, Nov. 3, 2014, which was declared bankrupt on November 3, 2014. Bankruptcy was abolished on January 18, 2016, and thereafter immunity was granted, and the list of creditors included the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The party's assertion.

A. The Defendant is obligated to pay the Plaintiff the insurance proceeds paid by the Plaintiff to the non-party company with the indemnity amount of KRW 27,164,696 and delay damages therefor.

Since the amount of indemnity falls under non-exempt claims prescribed in Article 566 (3) of the Debtor Rehabilitation and Bankruptcy Act, the defendant's responsibility is not exempted notwithstanding the declaration of bankruptcy and exemption.

B. The defendant.