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(영문) 광주고등법원 (전주) 2018.05.31 2017나12597
보험금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a local union that is a member of the Agricultural Cooperative Federation.

On March 2, 2012, the defendant is a corporation established separately to run non-life insurance business as the mutual aid business is separated from the Korea Agricultural Cooperative Federation.

B. Pursuant to Article 15(5) of the Addenda of the former Agricultural Cooperatives Act (amended by Act No. 10522, Mar. 31, 2011), the Plaintiff entered into an insurance contract for fidelity guarantee, as indicated below, deemed that the Defendant’s mutual aid contract for the Korea Agricultural Cooperative was an insurance contract under the Insurance Business Act from the date of its establishment, and the Defendant was considered to have subscribed to the entire insurance contract.

In addition, the Defendant and the Plaintiff’s employees B (B) entered into a contract for the guarantee of personal identity (hereinafter “instant guarantee insurance contract”) that compensates the Plaintiff for the direct damage to the Plaintiff’s property arising from the Plaintiff’s act of larceny, robbery, fraud, embezzlement, or breach of trust during the insurance period or by taking advantage of his/her position and duties, and damages arising from the Plaintiff’s burden of legal liability for damages arising out of the above reasons.

Serial Number 1 C. 5,000 from May 24, 2004 to May 23, 2005 1,000 from May 24, 2006 to May 24, 2007 to 1,000 E 3,00 from May 24, 2007 to May 24, 2005 to May 24, 2007; 1,000 from May 25, 2008 to May 24, 2008 to 1, 2005, 2001, 1,000 from May 26, 200 to 1, 2005 to 1,5, 200 to 1,5,00 from May 26, 200 to 205 to 1,5, 2005 to 1,5,61,5, 2005 G

C. Of the insurance coverage period of the instant contract for the fidelity Guarantee Insurance, the occurrence of the insurance accident occurred, such as embezzlement of the deposits of depositors who traded with the Plaintiff as follows (hereinafter “instant insurance accident”).

1. Insurance accidents between May 24, 2004 to May 23, 2005: L at the Plaintiff’s K point on March 25, 2005.

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