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(영문) 서울중앙지방법원 2016.03.25 2015가단5197805
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff concluded an insurance contract for the fidelity guarantee of KRW 50,00,000 with the insurance coverage period from January 10, 2009 to January 9, 2010 on December 30, 2008; ② the insurance coverage period from January 10, 2009 to January 9, 201; ② the period from January 10, 201 to January 9, 201; ③ the insurance coverage amount of KRW 40,000,000 with the insurance coverage amount of KRW 40,000 with the insurance coverage amount of KRW 40,000 with the insurance coverage amount of KRW 40,000 with the insurance coverage period of April 4, 2012; and ③ the insurance coverage period of KRW 50,000,000 with the insurance coverage amount of KRW 50,000 with the insurance coverage amount of KRW 20,000.

(hereinafter “each contract of fidelity Guarantee”). B.

The general terms and conditions of the identity guarantee insurance of this case provide that "the insured shall be directly compensated for property damage suffered by the insured by engaging in larceny robbery, embezzlement or breach of trust during the insurance period by taking advantage of his/her position in the course of performing his/her duties for the insured who is employed by the guarantor stated in the insurance policy or in other specific relations

C. A, while taking charge of the Plaintiff’s B branch’s compensation and division manager’s compensation, obtained the total sum of 617,102,690 won from August 13, 2008 to December 19, 2014 by means of entering false accident details in the electronic medical expense payment statement, entering each of the accounts in the name of the payment obligor, opening up the approval proposal, using the approval number of the Plaintiff’s head of the center already known, and making the Plaintiff’s accounting employee transfer the money to the said account.

Among them, the crimes Nos. 2 through 37 of the attached list of crimes occurred within each of the period of guarantee insurance for identity of each of the instant crimes.

Upon receipt of the notification of the civil petition filing, the Plaintiff conducted a special audit from February 23, 2015 to February 24, 2015, and confirmed A’s defraudation, and filed a claim for insurance proceeds under each of the personal guarantee insurance contracts of this case to the Defendant around March 2, 2015.

[Reasons for Recognition] There is no dispute.

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