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(영문) 서울중앙지방법원 2019.01.10 2017가단5063289
구상금
Text

1. Defendant B’s KRW 654,563,063 as well as 5% per annum from December 25, 2014 to July 15, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On May 1, 2014, the Plaintiff is an insurance company that entered into a comprehensive insurance contract with the financial institution (hereinafter “instant insurance contract”) that guarantees the property damage, etc., caused exclusively by any adverse or fraudulent act committed by the insured’s employees alone or in collusion with other persons, with the limit of compensation KRW 3 billion as its policyholder and insured on May 1, 1999, and on May 1, 1999, the date of retroactive security. The Plaintiff is an insurance company that entered into a comprehensive insurance contract with the financial institution (hereinafter “instant insurance contract”) that covers the property damage, etc., caused exclusively by the employer’s such act, regardless of the intention of causing damage to the insured or obtaining his financial gain.

B. On October 18, 2007, Defendant B was employed as an agent for the accounting team and was on October 19, 2009, Defendant C was employed as the director of the accounting team division, Defendant D was employed as the head of the accounting team team team, Defendant E Co., Ltd. (hereinafter “Defendant E”), Defendant E Co., Ltd. (hereinafter “Defendant E”) with Nonparty Company as the insured, Defendant B as the surety, and Defendant B as the surety, while carrying out the affairs on behalf of the insured with employment or other specific relationship, or by taking advantage of his position in the course of carrying out theft, robbery, fraud, embezzlement, or breach of trust, thereby compensating the insured for the direct damage (including any damage suffered by the insured due to the above legal grounds) incurred by the insured within the insurance period of KRW 15 million.

C. On or around June 9, 2014, the financial team of the non-party company was conducting settlement work with respect to the failure to enter into the transaction related to reinsurance, and the share of the ownership of the SOC (10%) received on April 8, 2009 from the Japanese H Co., Ltd. (hereinafter referred to as “Japan”) that is the head of the non-party company B, the head of the non-party company, was 20%.

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