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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant served as an employee of the Plaintiff’s Intervenor from December 22, 1997 to June 30, 2004.
On January 19, 198, the Plaintiff entered into a contract of fidelity Guarantee with the Intervenor’s Intervenor, including the Defendant, to guarantee damages and losses caused by illegal acts, occupational negligence, violation of good faith, etc. during the period of his/her employee’s employment, and entered into a contract of fidelity Guarantee Insurance with the same purport during his/her employee’s employment (hereinafter “instant Guarantee Insurance Contract”). B.
At the time of the conclusion of the instant guarantee insurance contract, the general terms and conditions and the special terms and conditions for additional risk burden (hereinafter referred to as “special terms and conditions”) were applied, and each of the said terms and conditions is defined as follows with respect to damages covered by the indemnity.
1) Article 1 of the General Terms and Conditions (Compensation): The Plaintiff Company shall include direct damage to property (including damage suffered by the insured who is liable for statutory damage due to the above reasons) suffered by the insured by means of theft, robbery, fraud, embezzlement, or breach of trust during the insurance period or by taking advantage of his/her position in performing his/her duties, on behalf of the insured by the surety stated in the insurance policy.
(2) Article 1 (Compensation for Loss) of the General Terms and Conditions of the Insurance Policy provides for the matters mentioned in the Insurance Policy and the Special Terms and Conditions of the Insurance Policy. (2) In addition to compensating for the loss under Article 1 of the General Terms and Conditions of the Identity Insurance Policy, the Plaintiff Company shall also compensate for the direct damage to its property (including the loss sustained by the insured by bearing legal liability for damages due to the above reasons) suffered by the Insured as a serious negligence or a good manager in the course of performing its business on behalf of the Insured