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(영문) 대구지방법원안동지원 2015.06.24 2014가단22864
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 28, 2011, the Plaintiff entered into a contract for fidelity guarantee insurance (hereinafter “instant insurance contract”) with Dsisi Accounts, including the Defendants, and 16 public officials, by setting the insured D market, the insurance amount of KRW 1,600,000,000, and the insurance period from October 1, 201 to September 30, 2014. The terms and conditions relating to the instant contract are as follows.

[Ordinary Terms and Conditions] Article 1 (Compensation for Loss) The plaintiff is bound to compensate for direct damage to property suffered by the insured by the guarantor stated in the insurance policy for the insured in employment or other specific relation, or by committing theft, robbery, fraud, embezzlement, or breach of trust during the insurance period by taking advantage of his/her position and position.

Article 14 (Right of Reimbursement and Subrogation) (1) When the Plaintiff has paid the insurance money, it shall have the right of reimbursement against the principal, and the insured shall exercise the right of subrogation against the principal and the third party to the extent that it does not prejudice the interests of the insured.

[I] In addition to compensating for losses under Article 1 of the General Terms and Conditions for Identity Guarantee Insurance, the Plaintiff is bound to compensate the matters stated in the insurance policy and the terms and conditions if it is confirmed that the guarantor is liable to compensate for direct damage to the property suffered by the insured by failing to perform his / her responsibilities as a serious negligence or a good manager in handling the business on behalf of the insured as a good manager under any of the following subparagraphs:

However, any damage caused by the negligence of operation of automobiles, ships, equipment, and other equipment shall not be compensated for.

(3) Article 2 (Limitation of Right of Subrogation and Right of Subrogation)

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