1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On August 1, 2011, the Plaintiff entered into a contract for fidelity guarantee insurance (hereinafter “instant guarantee insurance contract”) with E company (the name change to FF Co., Ltd.; hereinafter “E”), with employees working for the guarantor E, insured workers E, total amount of KRW 97,910,00,000 (10,000 won for the Defendant who served as a business representative) and insurance period from August 1, 2011 to July 31, 2012, with the period of insurance as determined by the guarantor’s business performance or by taking advantage of his/her status as a tort (thief, robbery, fraud, embezzlement, breach of trust), or by failing to perform his/her responsibilities as a serious negligence or good manager, the Plaintiff entered into a contract for fidelity guarantee insurance (hereinafter “instant guarantee insurance contract”).

B. The Defendant, without the consent of the customer, committed a tort in which E would compensate for damages to the customer. Upon the Plaintiff’s claim for insurance money, the Plaintiff paid KRW 100,000,000 to the insurance money under the instant guarantee insurance contract on July 31, 2013.

C. Meanwhile, after the payment of the above insurance proceeds, the Plaintiff recovered the amount equivalent to KRW 16,156,584 from the Defendant and appropriated it for the repayment of principal. As of October 15, 2018, the amount of principal and interest of indemnity claims as of October 15, 2018 is KRW 108,284,261, including the principal and interest amount of KRW 83,843,416, and the final delay damages of KRW 24,440,845

(hereinafter “instant claim”). D.

On November 29, 2013, the Defendant filed an application for individual rehabilitation with the Seoul Rehabilitation Court No. 2013 Congress 228484 on November 29, 2013. The Seoul Rehabilitation Court rendered a decision to commence individual rehabilitation procedures on August 4, 2014 regarding the above case, and the personal rehabilitation list of creditors of the above case included the instant claim.

E. Meanwhile, on May 29, 2020, the Defendant was granted immunity in the foregoing case, and the decision became final and conclusive around that time.

[Ground of Recognition] Unsatisfy, Gap 1 to 5 evidence, Eul 1.