1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Facts of recognition

A. The Plaintiff entered into an insurance contract for fidelity guarantee (hereinafter “instant insurance contract”) with the Defendant, who is an employee of the Plaintiff’s Intervenor, as the principal guarantor, with the amount of insurance coverage of KRW 5,000,000, and the insurance period from July 1, 2018 to June 30, 2019.

B. On February 19, 2019, the Defendant, who had worked as a call center counselor in accordance with a contract agreement between the Plaintiff’s Intervenor and D Company, consulted with the victim E, a customer of D Company, and the victim E requested the head of the team in charge of the Defendant’s unexpected counseling attitude.

C. On February 19, 2019, at around 22:00, the Defendant attempted to call with the victim E’s contact address and sent letters containing the abusive language.

(hereinafter “instant tort”). D.

Accordingly, on March 5, 2019, the Plaintiff’s Intervenor was subject to the three-month suspension from office against the Defendant, and paid 2,000,000 won to the victim E, including the consolation money due to the instant tort, around April 2019, and then claimed insurance money to the Plaintiff according to the instant insurance contract. On August 9, 2019, the Plaintiff paid 2,000,000 won to the Plaintiff’s Intervenor who is the insured.

E. Meanwhile, Article 1 of the General Terms and Conditions of Insurance Contract I provides that “In addition to compensating for losses under Article 1 (Compensation for Damages) of the General Terms and Conditions of Insurance Contract, the Company shall also provide that “In cases where the liability and amount of the surety’s liability for compensation have been determined according to the following provisions, the surety shall compensate the insured for the direct damage to property (including any damage incurred by the insured by bearing legal liability for damages due to the above reasons) incurred by the surety due to gross negligence or failure of the surety to perform his/her responsibility as a good manager in managing the business on behalf of the insured, the Company shall be deemed to have been bound to compensate in accordance