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(영문) 서울중앙지방법원 2021.01.25 2020가단10228
채무부존재확인의 소
Text

1. There is no obligation to pay indemnity amounting to KRW 7,00,000 for the Plaintiff’s insurance money for fidelity guarantee against the Defendant.

Reasons

1. Facts of recognition;

A. On July 1, 2008, the Plaintiff joined C Co., Ltd. (formerly changed on November 1, 2017: D Co., Ltd.; hereinafter “Non-Party Company”) to take charge of stock and financial product business, and retired on August 31, 2018.

B. 1) On February 2017, the Defendant entered into a life guarantee insurance contract with the non-party company, the insured company, the non-party company, the guarantor, the Plaintiff, and the insured period from February 1, 2017 to January 31, 2018, with the amount of insurance coverage of KRW 200 million, thereby compensating the insured for direct loss of the property by embezzlement and embezzlement of robbery (hereinafter “instant insurance contract”).

2) The content of the instant insurance contract’s special terms and conditions (Ⅰ) bearing additional risks that are included in the content of the instant insurance contract is as follows.

[2] In addition to the compensation of losses under Article 1 (Indemnification), Article 1 (Compensation for Damages) of the General Terms and Conditions, in addition to the compensation of losses under Article 1 (Compensation for Damages) of the Insured, the insured person's direct loss of property (including damages suffered by the insured person due to his liability for legal damages due to the above reasons as a good manager by failing to perform his/her responsibility as a serious negligence or good manager in the course

In accordance with the following provisions, if the liability for compensation of the guarantor and the amount thereof are finalized, it shall be compensated in accordance with the contents and the terms and conditions stated in the insurance policy.

However, any damage caused by the negligence of operation of automobiles, ships, equipment, and other equipment shall not be compensated for.

1. Judgment of a court;

2. Determination by the Board of Audit and Inspection

3. Order of compensation by the head of agency (in case of a guarantor other than public officials, it shall be limited to the case where the guarantor is subject to a disposition which has influence on his status by the personnel committee or disciplinary committee

Article 2 (Provisions Applicable Mutatis Mutandis) Matters not prescribed in this Special Terms and Conditions shall be at the risk of complying with common terms and conditions.

(c)

1) The Plaintiff, to E, is the non-party company F.

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