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(영문) 서울중앙지방법원 2014.04.29 2013가단5059480
부당이득금반환 청구
Text

1. The Defendant’s KRW 30,000,000, and the Plaintiff’s annual interest from May 21, 2013 to April 29, 2014, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running guarantee insurance business, etc., and the Defendant is a company in charge of management of A apartment (hereinafter in this case, referred to as the “instant apartment”), and B is a person who joined the Defendant company on February 1, 2009 and served as the head of the instant apartment management office until January 31, 201.

B. On February 1, 2009, as stipulated in the employment contract with the Defendant at the time of entry, B entered into an insurance contract for fidelity guarantee (hereinafter “guarantee insurance contract of this case”) with the Defendant, the insured, the Defendant, the amount of insurance coverage of KRW 30,00,000, insurance premium of KRW 39,060, insurance premium of KRW 39,060, and the insurance period from February 1, 2009 to January 31, 2010.

C. Article 1 of the General Terms and Conditions of the Guarantee Insurance contract of this case provides, as compensation for damages, that the principal deals with the business on behalf of the insured in employment or other specific relation with the principal, or that, by taking advantage of his/her position, direct damage to the property (including any damage suffered by the insured due to his/her statutory liability for damages arising out of the above grounds) suffered by the insured through theft, robbery, fraud, embezzlement, or breach of trust during the insurance period shall be compensated for the matters indicated in the insurance policy and in accordance with the terms and conditions. Article 1 of the General Terms and Conditions of the Guarantee Insurance Contract of this case provides that the principal shall be compensated for the direct damage to his/her property (including any damage suffered by the insured by his/her legal liability for damages arising out of the above grounds) caused by his/her failure of the principal to perform his/her liability as a

In the instant apartment parking lot (B), fire extinguishing equipment installed in the isolated space in the instant apartment parking lot (B), from January 20, 2010 to January 00:30, which was parked in the said parking lot until 05:00.

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