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(영문) 춘천지방법원강릉지원 2015.12.08 2015가단4586

약정금

Text

1. The Defendant: (a) KRW 6,341,487, respectively, and KRW 5% per annum from July 14, 2015 to December 8, 2015, respectively, to the Plaintiffs.

Reasons

1. Basic facts

A. E produced the Plaintiffs and G between F and the Nonparty (the name of the Defendant’s mother is unknown and the Nonparty is specified as the Nonparty).

B. On August 19, 2013, the Defendant entered into an insurance contract without dividends (hereinafter “instant insurance contract”) with the Korea Commercial Damage Insurance Co., Ltd. and the insured as legal heir E and the beneficiary of the death insurance proceeds (hereinafter “instant insurance contract”), and paid KRW 180,000 in total, four times thereafter.

C. E (hereinafter “the deceased”) died on December 3, 2013 as a traffic accident caused H (hereinafter “instant traffic accident”).

The plaintiffs, the defendant and G jointly inherited the deceased's property by 1/5 shares.

On April 1, 2014, the Defendant submitted the power of delegation, etc. received from the Plaintiffs, who are co-inheritors of the Deceased, to receive the insurance proceeds of the instant insurance contract from Hansung Damage Insurance Co., Ltd. (hereinafter “instant insurance proceeds”).

E. During the period from June 3, 2014 to August 10, 2014, the Defendant was paid KRW 30,000,000 as the bereaved family representative of the Deceased (hereinafter “instant criminal agreement”).

(In fact that there is no dispute, Gap's 1 through 11, Eul's 1 through 4 (including each number), the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiffs' assertion 1 of the plaintiffs, ① at the time of the funeral ceremony of the deceased, the defendant and the defendant paid 10,000,000 won out of 30,000,000 won of the criminal agreement of this case to F, the defendant's mother, and the non-party who is the defendant's mother, respectively, and agreed to use the remaining 20,000,000 won as joint funds for the deceased's religious expenses, and the defendant without permission. < Amended by Presidential Decree No. 17069, Feb. 30, 2000; Presidential Decree No. 17505, Feb. 1, 2000>