1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 20, 2008, the Plaintiff entered into an insurance contract for fidelity guarantee (hereinafter “instant fidelity guarantee contract”) with the Defendant on the ground that the Defendant was the surety, the insurance period from October 1, 2008 to September 30, 2009, the insured amount of KRW 30,000,000, and the insured amount as the KON Construction Co., Ltd. (hereinafter “Compensation”) and was changed into the name of the Defendant’s employee, while performing its duties as an employee, while performing its duties as the employee, or by taking advantage of his/her official position in performing its duties, and thereby performing its duties as a theft, robbery, fraud, embezzlement, embezzlement, breach of trust, or failing to perform his/her duties as a good manager, thereby compensating the insured amount of direct damage to his/her property (hereinafter “instant fidelity guarantee contract”).

B. Thereafter, on June 22, 2011, the Plaintiff claimed insurance money under the instant contract for fidelity Guarantee that the Defendant incurred losses to the company due to the Defendant’s intentional neglect of management, etc. while working as the site manager at the construction site of 12 apartment units in Nam-gu, Incheon Metropolitan City, Nam-gu, Incheon, which was ordered from the Hancheon Construction. The Plaintiff paid KRW 30,000,000 as insurance money under the instant contract for fidelity Guarantee to the Plaintiff on July 3, 2013.

C. Meanwhile, among the instant lawsuit, the Plaintiff filed a lawsuit notice with the insured person, and served a written notice on July 9, 2014 on the compensation.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, while working as the employee of the Plaintiff, caused an insurance accident which causes the insured’s losses exceeding the insurance coverage amount due to a breach of trust or gross negligence or a decent manager due to the Defendant’s failure to perform his/her responsibility as a decent manager, and thereby, covered by the instant fidelity guarantee insurance contract upon the claim for compensation.