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(영문) 서울중앙지방법원 2018.02.08 2016가단5226465
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 107,913,157 as well as 5% per annum from October 18, 2016 to February 8, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in the production, processing, sale, and distribution of agricultural, livestock, and fishery products. Defendant B was working as the Plaintiff’s employee from July 7, 200 to October 11, 2013. Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd.”) concluded an insurance contract for the guarantee of personal identity (hereinafter “instant insurance contract”) with the Plaintiff, including the Plaintiff, the principal guarantor, the Plaintiff’s employees including the Defendant B, the principal guarantor, the insurance amount of KRW 50,00,00, and the insurance period from November 1, 201 to October 31, 201, with each of the following setting the insurance period from November 31, 201 to October 31, 2013:

B. The main contents of the general terms and conditions applicable to the instant insurance contract and the special terms and conditions applicable to the instant insurance contract are as follows:

Article 1 (Compensation for Damages) of the General Terms and Conditions of Insurance (Compensation for Damages) our company (the guardian of the defendant insurance company) is bound to compensate for the direct damage to the property suffered by the insured in accordance with the terms and conditions of the insurance policy by thief, robbery, fraud, embezzlement, or breach of trust during the insurance period or by taking advantage of his or her position and position.

Article 1(Ⅰ) of the General Terms and Conditions of Liability for Additional Risk (I) In addition to compensating for the loss under the provisions of Article 1 (Compensation for Loss) of the General Terms and Conditions, our company shall also have the guarantor as follows with respect to the direct loss of property (including the loss caused by the insured's liability for legal damage due to the above reasons) suffered by the insured due to gross negligence or failure of the guarantor to perform his responsibilities as a good manager in the course of performing the business for the insured

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