beta
(영문) 대전지방법원서산지원 2015.10.13 2015가단3985

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 30 million and the interest rate of KRW 20% per annum from April 14, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. At around 21:30 on November 4, 2014, Nonparty B: (a) performed a duty of care to check whether there is no person around the vehicle and to accurately operate the steering direction and brakes with a view to accurately operating the DNA truck that he/she operated (hereinafter referred to as “dive vehicle”); (b) caused Nonparty B’s damage to Nonparty E (hereinafter referred to as “the deceased”) approaching the sea-based vehicle with a view to releasing the lines connected between the sea-based vehicle and the agricultural machinery Trackor (hereinafter referred to as “instant accident”); (c) around 00:01 on November 18, 2014, the Deceased died due to cerebral cerebriform and cerebral cerebral dys and cerebral dystropha while being treated at the Gacheon Hospital located in Incheon Metropolitan City.

B. The plaintiff is the deceased's wife, and the defendant is the insurer of the sea-going vehicle.

C. B paid to the Plaintiff KRW 30 million as the criminal agreement amount of the instant accident in the course of the criminal trial, stating that “If the Defendant’s compensation is partially deducted from the Defendant’s compensation, the perpetrator shall transfer to the Plaintiff the right to claim for restitution of unjust enrichment (or claim) that would be borne by the Defendant.”

B according to the above agreement, B transferred to the Plaintiff the claim of KRW 30 million against the Defendant.

E. The Plaintiff and the deceased’s other inheritors filed a lawsuit against the Defendant seeking damages arising from the instant accident. On October 13, 2015, the said court rendered a judgment in favor of the Plaintiff, etc., by deducting the amount of KRW 30 million from the amount of damage claim by the Plaintiff, etc., and by deducting the amount of KRW 30 million.

(Reasons for recognition) The facts that there is no dispute, the entries in Gap evidence Nos. 1 through 3, and the purport of the whole pleadings, as a whole, of the Daejeon District Court’s Seosan Branch 2015da54290.

2. According to the above facts of recognition, the defendant was paid KRW 30 million under the name of criminal agreement as part of the compensation for property damage to the plaintiff as part of the judgment.