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(영문) 대전지방법원 2016.11.24 2016가단18088

구상금

Text

1. The defendant shall not exceed KRW 50,873,447 and KRW 42,363,590 among them to the plaintiff within the scope of the property inherited from the deceased B.

Reasons

The Plaintiff’s subrogation of KRW 42,363,590 on November 14, 2014 to Samsung C, the insured, based on the life stabilization fund contract concluded on October 22, 2013 with the deceased B (C). The Plaintiff’s claim against the deceased B against KRW 42,363,59,857 on June 13, 2016; the rate of delay damages from June 14, 2016 to June 13, 2016 is 12% per annum; the fact that the deceased died on September 1, 2014; the fact that the Defendant received the inheritance approval report on October 14, 2014 by inheritance among the parties concerned is no dispute.

According to the above facts, the defendant is obligated to pay to the plaintiff 50,873,447 won, which is the sum of principal and interest on subrogation, and 42,363,590 won, which is the principal of subrogation, within the scope of inherited property from the deceased B, with 12% per annum, which is the interest rate on delayed payment, from June 14, 2016 to June 30, 2016, the delivery date of the application for modification of the lawsuit in this case, and 15% per annum, which is the date of delivery of the application for modification of the lawsuit in this case, from the next day to the date of full payment.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.