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(영문) 서울중앙지방법원 2016.12.01 2015가단5118420
보험금
Text

1. The Defendant’s KRW 200,000,000 as well as 6% per annum from June 20, 2014 to May 7, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A was the head of the branch office in charge of the Plaintiff’s branch office B, and C (Chief) and D (Representative) were employed as an employee in charge of the collection of funds at the above branch office B.

B. The Defendant entered into a contract of fidelity guarantee between the Plaintiff and the Plaintiff to compensate for property damage caused by theft, breach of trust, etc. in the course of his employee’s handling of affairs, and the purchase amount of A’s insurance is KRW 30 million, C and D’s insurance amount is KRW 100 million, respectively.

C. According to the Plaintiff’s business management guidelines, a customer’s receipt and receipt must be confirmed in the presence of the customer, and the so-called “provisional payment” shall be prohibited. However, despite the provision that the so-called “provisional payment” is prohibited, A shall deposit funds into a futures option account under his/her own name with a subscription fee, and shall use such funds to conduct futures trading, and shall request C and D to deposit funds into the said futures account in the so-called “provisional payment” method that only deposits are processed as if they were deposited, even if they did not receive funds from the above two branches, and C and D accepted the request by A.

A, around April 6, 2012, around 14:30, in order to conduct futures trading at the above branches B, requested D to deposit KRW 20 million in the above futures account in violation of the business management guidelines as above. D entered false information as if it had been deposited in the above futures account using a computer terminal for business purpose in which it had not received money from A, and made A carry out futures trading 36 times in total by 36 times until May 9, 2013, such as allowing A to carry out futures trading using the above money.

E. In addition, A is at the point above B around 09:08 on July 3, 2012.

in such a manner as provided in subsection C.

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