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(영문) 서울중앙지방법원 2015.10.29 2014가단233822
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A is a person in charge of sales and collection of the price of the Plaintiff Company B’s pharmacy in Seoul.

B. The Plaintiff and the Defendant concluded an insurance contract for the guarantee of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal of the principal.

C. Meanwhile, Article 13 of the instant insurance clause provides that “If an insured incident occurs when a contract is concluded, the contract shall be invalidated.”

[Ground of recognition] Facts without dispute, Gap 2-1 to 3, Eul 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that: (a) KRW 3,10,128 out of the total amount of money deposited from a Contracting State during the foregoing insurance period; KRW 66,224,49 out of the amount of money deposited from a Contracting State; and KRW 21,968,040 out of the amount of money deposited from a Contracting State; and (b) KRW 91,302,667 out of the amount of money deposited from a Contracting State; and (c) embezzled by using it for personal purposes.

A was the Plaintiff on December 27, 2012, and the Plaintiff became aware of the embezzlement of A only when it was done.

Thus, since the insurance accident stipulated in the insurance contract of this case occurred on December 27, 2012, which is within the insurance period, the defendant is obligated to pay the amount equivalent to the above embezzlement money to the plaintiff as insurance money.

B. In full view of the following circumstances, it is difficult to recognize that the evidence alone presented by the Plaintiff had caused the insurance accident as alleged by the Plaintiff at the time when the Plaintiff asserts ( December 27, 2012).

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