beta
(영문) 수원지방법원 평택지원 2018.11.14 2018가단57634

구상금

Text

1. The defendant shall not exceed KRW 90,312,640 against the plaintiff within the scope of the property inherited from the non-party A and the plaintiff.

Reasons

1. Basic facts

A. The Defendant’s liability for damages and the Plaintiff’s right to indemnity are the perpetrator who committed robbery against Non-Party A, and Non-Party D (hereinafter “victim”) is the victim of the instant crime, and Non-Party D (hereinafter “applicant”) is the spouse of the victim and the Plaintiff.

The plaintiff is the claimant who has paid the victim victim relief fund, and the defendant is the successor of the perpetrator.

B. On August 31, 2017, the perpetrator paid (1) the tortfeasor’s illegal act and the Plaintiff’s relief fund, and the perpetrator invadedd the money and valuables by an infinite method for the purpose of forcibly taking money and valuables over to the transferred E-house in Ansan at the time of Ansan-si on August 31, 2017, and obstructed the money and valuables. On the other hand, the victim was discovered from the victim in the house and was prepared in advance by using the knife in preparation for the death of the victim.

(2) In the Suwon District Prosecutors’ Office’ Rescue Council, it decided to pay KRW 90,312,640 to the bereaved family relief fund. On December 27, 2017, the Plaintiff paid KRW 90,312,640 to the applicant, who is the spouse of the victim, as above.

C. On February 19, 2018, the Defendant: (a) filed an application for a limited approval on inheritance related to the death of the deceased; and (b) received the Seoul Family Court Decision 2018Hu1355, May 28, 2018 (hereinafter “Decision on the limited approval on inheritance”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence No. 1, the purport of the whole pleadings

2. The perpetrator who killed the victim as to the cause of the claim bears liability for damages caused by the tort against his/her bereaved family, and the perpetrator died on September 1, 2017, the Defendant, the heir of the perpetrator, inherited the perpetrator’s liability for damages.

Article 21 of the Protection of Crime Victims Act (hereinafter referred to as "Protection Act").