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Reasons
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(영문) 광주고등법원(전주) 2016.05.26 2015나100483
보험금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a local union that is a member of the Agricultural Cooperative Federation (hereinafter referred to as the “Agricultural Cooperative Federation”). The Defendant is a separate corporation established to run non-life insurance business as the mutual aid business is separated from the mutual aid business from the Agricultural Cooperative Federation on March 2, 2012.

B. In accordance with Article 15(5) of the Addenda to the former Agricultural Cooperatives Act, the Plaintiff appears to have acquired all non-life insurance contracts from the date the Defendant was established with respect to the mutual aid agreement between the agricultural cooperative and the agricultural cooperative.

In addition, the Defendant and the Plaintiff’s employees B (B) entered into a contract for the guarantee of identity (hereinafter “the guarantee insurance contract of this case”) under which the insurance money is paid, including the direct damage to the Plaintiff’s property or the damage suffered by the Plaintiff due to the Plaintiff’s burden of liability for legal compensation due to the above reasons, while dealing with the Plaintiff’s business on behalf of the Plaintiff or by taking advantage of his duties and taking advantage of his position.

Serial 1 C. 1. Insurance premium (won) on May 24, 2004, KRW 157,000 up to May 23, 2005, KRW 157,000 up to May 24, 2006, KRW 157,000 up to May 23, 2007, KRW 157,000 E from May 25, 2007 to May 24, 2008, KRW 157,00 up to 205,00 up to 205,00 KRW 157,000 up to 25,000 from May 24, 2008, KRW 205,000 up to KRW 157,00 up to 26,00 on May 26, 200 to 1.5, 200 to 36,505 G. 2005

C. During the insurance period of the instant contract for the fidelity Guarantee Insurance, an insured incident, such as embezzlement of the deposits of depositors traded with the Plaintiff (hereinafter “instant insurance accident”), occurred as follows.

1. Insurance accidents between May 24, 2004 and May 23, 2005: the amount of damage KRW 20 million, which was deposited by L at the Plaintiff’s K branch on March 25, 2005, shall be KRW 20 million.

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