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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The defendant corporation C (hereinafter referred to as "C")
B) As between the Plaintiff and the principal, the Plaintiff entered into each contract for fidelity Guarantee with the purchase price of KRW 10,000,000 on January 1, 2008, the purchase price of KRW 10,000,000 on March 1, 2008, and KRW 30,000,000 on March 1, 209 (hereinafter “the purchase price of KRW 30,00,000 on March 1, 209”) as the principal guarantor.
2) Each of the instant guarantee contracts provides that the Plaintiff, an employee of C, compensates for losses incurred by C, the insured, due to the Plaintiff’s illegal act (Embezzlement, breach of trust, fraud, etc.).
B. Upon the conclusion of each of the instant guarantee contracts, C claimed insurance proceeds to the Defendant on the ground that “the Plaintiff incurred property loss due to embezzlement of public funds while on duty” and accordingly, the Defendant paid KRW 22,810,000,000, total insurance proceeds to C on July 28, 2009.
C. The Defendant filed a lawsuit against the Plaintiff seeking reimbursement of KRW 22,810,000 of the above insurance proceeds as Seoul Central District Court Decision 2009Da35279, and damages for delay thereof. On March 11, 2010, the above court rendered a judgment accepting the Defendant’s claim in entirety (hereinafter “the previous judgment”), and the above judgment became final and conclusive around that time.
1) On October 28, 2011, the Plaintiff was declared bankrupt by filing a bankruptcy immunity application with the Incheon District Court 2010do6809, 2010Hadan6810 (hereinafter “instant immunity exemption”).
(2) The list of creditors submitted by the Plaintiff at the time of the decision on immunity of this case includes the Defendant’s claim for reimbursement against the Plaintiff relating to the insurance money that the Defendant paid to C (hereinafter “instant claim for reimbursement”).
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 5 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. The Parties’ assertion.