(영문) 서울중앙지방법원 2018.06.21 2017나77796

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(영문) 서울중앙지방법원 2018.06.21 2017나77796

보험금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 9, 2013, the Plaintiff entered into a credit guarantee insurance contract with the Defendant with the insured, the surety A, and the insurance period from May 7, 2013 to May 6, 2014, with the insurance amount of KRW 10,000,000.

(hereinafter “instant fidelity Guarantee Insurance Contract”). B.

The ordinary terms and conditions of the instant contract for fidelity Guarantee and the special terms and conditions for additional risk burden include the following:

[Ordinary Terms and Conditions] Article 1 (Compensation for Damages) of the company (the defendant, hereinafter the same shall apply) provides the insured (including other institutions holding concurrent office in case of a public official of the welfare organization or the principal debtor attached to the insured) with an employment or other specific relationship as stated in the insurance policy, or uses his position to engage in larceny, robbery, fraud, embezzlement, or breach of trust during the insurance period, thereby compensating the insured of direct damage to his property (including any damage incurred by the insured who is liable for legal liability due to the above reasons) and in accordance with the terms and conditions.

[Ⅰ] In addition to compensating for the loss under Article 1 of the General Terms and Conditions for Identity Guarantee (I) our company is bound to compensate for the direct damage to the property (including the loss suffered by the insured due to his or her legal liability as a good manager) suffered by the insured by his or her failure to perform his or her responsibility as a good manager in dealing with the business on behalf of the insured by any of the following subparagraphs, if it is confirmed that the surety is liable for compensation to the surety, the matters stated in the insurance policy and the terms and conditions.

However, any damage caused by negligence in the operation of automobiles, ships, equipment or other equipment shall be compensated.

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