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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 8, 2015, the Plaintiff entered into a contract for fidelity guarantee (hereinafter “instant contract for fidelity guarantee”) with the Busan Metropolitan City D (hereinafter “D”) to ensure the payment of property damage arising from the performance of duties, such as the embezzlement of the principal, by determining the insurance coverage amount of KRW 380,00,000, and the insurance coverage period from January 1, 2015 to December 31, 2015.
B. C, who is an employee in charge of D’s general affairs, was determined by the Board of Audit and Inspection on October 7, 2016 to be responsible for compensating for KRW 121,342,240,00 in total, including the amount of income tax withheld, while taking charge of D’s payment and cash expenditure other than the revenue and expenditure from March 2015 to December 2015, which was in charge of D’s payment.
C. On October 27, 2016, D filed a claim with the Plaintiff for insurance money under the instant contract for fidelity guarantee based on the determination of the said Board of Audit and Inspection. On November 22, 2016, D paid KRW 30,000,000, the insurance amount of the employee in charge of general affairs, as insurance money.
After that, the Plaintiff filed an order to pay C with the Busan District Court No. 2017 tea1578 to claim the amount equivalent to the above insurance proceeds, and on February 24, 2017, the Plaintiff received the payment order from the above court that “C shall pay the Plaintiff the amount of KRW 30,00,000 and the amount calculated at the rate of 5% per annum from November 23, 2016 to the date of complete payment.” The payment order was served to C on June 24, 2017, and became final and conclusive on July 8, 2017.
E. The Plaintiff’s claim for reimbursement against C is KRW 32,934,240,00 as of November 6, 2018, including the principal amount of KRW 30,00,00,00 for delay damages, and KRW 2,934,246 for delay damages as of November 6, 2018.
F. Meanwhile, on June 3, 2016, C concluded the purchase price as KRW 87,00,000 with the Defendant for real estate listed in the separate sheet No. 1, and as for real estate listed in the separate sheet No. 2, the purchase price as KRW 16,00,00 for real estate listed in the separate sheet No. 2.