이자 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On May 208, the Plaintiff committed suicide on June 26, 2009 while serving in the Army on May 20, 2008.
The plaintiff and his spouse filed a lawsuit against the defendant to seek damages under the State Compensation Act, and was sentenced to a partial winning judgment.
(In Incheon District Court Decision 2009Gahap7068). On August 24, 2010, the Defendant paid 80,509,920 won and damages for delay as well as 6,110,670 won to the Plaintiff, etc. according to the above decision.
B. On January 15, 2014, the Plaintiff applied for registration as a bereaved family member of a person of distinguished service to the State under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, and was registered as a bereaved family member of a person of distinguished service to the State under the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter
C. On January 30, 2015, the Plaintiff applied for the payment of veterans' benefits to the Defendant.
Since the plaintiff received damages under the State Compensation Act, the defendant suspended the payment of veteran's benefits until he reaches the amount equivalent to the damages pursuant to Article 29 (2) of the Constitution and Article 2 (1) of the State Compensation Act, and did not pay veteran's benefits from January 2014 to November 2017.
The Supreme Court Decision (Supreme Court Decision 2015Du60075 Decided February 3, 2017) (Supreme Court Decision 2015Du60075 Decided February 3, 2017), which states, “When the Minister of Patriots and Veterans Affairs claims the payment of veterans’ benefits after receiving the State Compensation Act, the Minister of Patriots and Veterans Affairs shall not refuse the payment of veterans’ benefits on the ground that the State Compensation Act was paid damages in accordance with the State Compensation Act.” On June 1, 2017, the appellate court decision in accordance with the purport of the above Supreme Court Decision became final and conclusive, the Defendant
On December 15, 2017, the Defendant paid 4,1280,000 won to the Plaintiff from January 2014 to December 2017.
E. The Plaintiff paid damages for delay to the Defendant from January 2014 to November 2017.