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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On May 28, 2010, the Plaintiff entered into an insurance contract for fidelity guarantee with the Defendant for the purpose of investigating the transferred household of the Plaintiff’s affiliated member as the guarantor. The Plaintiff entered into an insurance contract for fidelity guarantee with the Plaintiff, the insured, the insurance amount of KRW 100,000,000, and the insurance period from May 1, 201 to April 30, 201 (hereinafter “instant insurance contract”).
(2) The grounds for the payment of insurance proceeds stipulated in the terms and conditions of the instant insurance contract are as follows.
Article 1 (Compensation for Loss) of the General Terms and Conditions of Insurance (hereinafter referred to as the "Company") provides for the insured (including other institutions holding concurrent office in case of a public official of a welfare organization or a principal affiliated with the insured) whose employment or other specific relationship is employed by the principal stated in the insurance policy, or who engages in larceny, robbery, fraud, embezzlement, or breach of trust during the insurance period by taking advantage of his/her position and taking advantage of his/her official position, thereby compensating the direct damage (including any loss incurred by the insured who is liable for legal liability due to the above reasons) to the insured and in accordance with the terms and conditions of the insurance policy.
Article 6 (Payment of Insurance Money) Insurance money to be paid by the company shall be limited to the amount of actual damage insured against by the insured.
In addition to compensating for losses under Article 1 of the General Terms and Conditions for Identity Guarantee (hereinafter referred to as the "Special Terms and Conditions"), our company shall also compensate the surety for direct damage to its property (including any damage suffered by the insured due to his or her legal liability for damages due to his or her gross negligence or failure to perform his or her duties as a good manager in dealing with the affairs on behalf of the insured by the surety in accordance with any of the following subparagraphs: