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(영문) 서울중앙지방법원 2019.04.11 2018가합570281
손해배상(기)
Text

1. Defendant B and Defendant C jointly share KRW 235,450,780 with respect to the Plaintiff and Defendant B from January 19, 2017, respectively.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit corporation established by investing funds in 13 E cooperatives and other farming corporations under the Agricultural Cooperatives Act to provide entrusted services for the provision of food materials, such as eco-friendly agricultural products. (2) Defendant B is a person who is in office as the Plaintiff’s representative director from July 12, 2010 to March 27, 2014 and has overall control over the business of selecting and managing food materials producers and settling profits, and Defendant C is a person who is engaged in contracting and accounting management as the head of the Plaintiff’s planning and coordination office from February 17, 201 to May 29, 2014.

3) Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) is limited to “Defendant Co., Ltd.”).

(B) As seen below, the Plaintiff is a corporation for the purpose of running the business under the Insurance Business Act, such as surety insurance, and is a person who has concluded an insurance contract for fidelity guarantee with the Plaintiff as a guarantor. (B) On March 2012, the Plaintiff concluded an insurance contract for fidelity guarantee (hereinafter collectively referred to as the “instant insurance contract”) between the Defendant Company and the Plaintiff as the guarantor of each of the insured, Defendant B, and Defendant C, with the Plaintiff as the insured, Defendant B, and the principal guarantor, respectively, and the insurance period from March 29, 2012 to March 28, 2013, respectively.

2) The general terms and conditions applicable to the instant insurance contract and the contents of Section 1 of the Additional Risk-Bearing Special Terms and Conditions are as follows. The company under Article 6 (Compensation) of the General Terms and Conditions includes direct damage to property suffered by the insured (including damage suffered by the insured under legal liability due to the above reasons) by committing theft, robbery, fraud, embezzlement, or breach of trust on behalf of the insured as stated in the insurance policy, or by taking advantage of his/her position and position in performing his/her duties, on behalf of the insured.

the terms and conditions of the insurance policy.

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