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1. The Defendant’s KRW 575,478,683 as well as 6% per annum from December 9, 2016 to June 1, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an accounting firm with the main axis of certified public accountants engaged in accounting audit, accounting, and tax services, and the Defendant is a company running insurance business, etc.
B. (1) From around 1999, the Plaintiff concluded an insurance contract with the Defendant (hereinafter “instant insurance contract”) on December 27, 2013, where the Plaintiff or its affiliated accounting company incurred damage to a third party due to negligence, etc. in the course of performing accounting duties, etc., with the insurance company including the Defendant each year, and the insurance period as one year. (2) The Plaintiff concluded an insurance contract with the Defendant on December 27, 2013 (hereinafter “instant insurance contract”).
3) English terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”)
The parts relating to the instant case are as follows:
On the other hand, a translation is attached to the English terms and conditions, which are INURING AENTS.
I. COVERAGE-PROFESSIONAL LIABILITY The Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as compensatory damages caused by acts, errors, or omissions in the Insured's performance of professional accounting services for others, provided that claim is first made against the Insured for said acts, errors or omissions during the policy period and written notice of said claim is received by the Company during the policy period. II. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS As respects such insurance as is afforded by other terms of this policy, the Company shall: EXCLUSIONS Insuring Agreements I and II do not apply: (C) to any claim arising out of any act, error or omission occurring prior to the effective date of this policy if there is other insurance applicable, or the insured at the effective date knew or could have reasonably foreseen that such act, error or omission might be expected to be the basis of a...