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(영문) 서울서부지방법원 2020.04.03 2016가단255944
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B (Appointed) as to KRW 100,614,470 and KRW 3,566,848 among them, starting from January 1, 2010.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is a company that runs the business of wholesale business of pharmaceutical products. (2) Defendant B entered the Plaintiff on January 2, 2004 and works as an employee of the business division.

A person who retired from office around November 30, 2014.

3) From July 15, 2009 to July 14, 2011, Selection D refers to a person who submits to the Plaintiff a credit guarantee statement stating that “where Defendant B guarantees the identity of the Plaintiff during his/her service as an employee and Defendant B inflicts damage on the financial and credit aspects of the Plaintiff, the principal shall stand joint and several sureties.” The Selection E sets the guarantee period from November 20, 201 to November 19, 201, and submits the credit guarantee statement of the aforementioned contents to the Plaintiff. The Selection is a person who submits the credit guarantee certificate of the said contents to the Plaintiff by setting the guarantee period from December 21, 201 to December 20, 2014.

Article 1 of the General Terms and Conditions applicable to each of the above Fidelity Guarantee Insurance Contracts ("the defendant company") provides that "the defendant company shall be liable for direct damage to the property (including any damage suffered by the insured due to his legal liability for damages caused by his breach of trust) caused by the insured by theft, robbery, fraud, embezzlement, or breach of trust on behalf of the insured in his employment or by taking advantage of his position during the insurance period." The defendant company shall not be liable for the damage under Article 1 of the General Terms and Conditions in addition to the compensation for the damage under Article 1 of the General Terms and Conditions, but the defendant company shall not be liable for the gross negligence or good manager in the course of performing its business for the insured.

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