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(영문) 전주지방법원 2020.08.14 2019가단23147
부당이득반환청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From January 1, 2017, the Plaintiff has served as the head of the administrative office of C Schools (hereinafter “instant schools”).

B. On April 11, 2016, the Defendant entered into a contract for the guarantee of identity (hereinafter “instant insurance contract”) between the instant school and the instant school, the person holding eight positions, including the principal of the school and the head of the administrative office, etc.; the period from April 14, 2016 to April 13, 2017; the amount of insurance coverage of KRW 120,000,000 (hereinafter “instant 1 insurance contract”); and on April 12, 2017, only different contents from the instant 1 insurance contract are identical to the insurance period (from April 14, 2017 to April 13, 2018); and each of the instant insurance contracts was subject to the instant general terms and conditions (hereinafter “special terms and conditions”).

The main terms and conditions are as follows:

Article 1 (Compensation for Damages) of the General Terms and Conditions of Insurance (Compensation for Damages) An insurance company shall compensate the insured for any direct loss of property caused by embezzlement, etc. during the insurance period for the insured in respect of which the guarantor stated in the insurance policy has an employment or any other specific relationship with him/her in accordance with the terms and conditions.

Article 9 (Indemnification and Subrogation) (1) Unless otherwise agreed, a company shall have the right to indemnity against the guarantor, and the insured shall exercise the right to indemnity against the guarantor to the extent that the interests of the insured are not undermined.

In addition to compensating for the loss under Article 1 of the General Terms and Conditions, Article 1 (Compensation for Loss) of the Additional Terms and Conditions, the surety is grossly negligent in dealing with the affairs on behalf of the insured.

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