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(영문) 광주지방법원순천지원 2015.06.03 2014가합11056

약정금

Text

1. The Defendant: (a) KRW 148,94,494 for each of the Plaintiffs; and (b) 5% per annum from February 8, 2014 to June 3, 2015, respectively.

Reasons

1. Basic facts

A. The relationship D related to the parties (hereinafter “the deceased”) was married with E on February 12, 1990 and produced the plaintiffs. The defendant is the second beneficiary of the deceased’s second punishment.

E divorced from the Deceased on May 27, 1997, and the Deceased died on February 7, 2014.

B. On June 12, 1993, the deceased filed a lawsuit against the fire marine insurance against the insurer of the vehicle causing injury, such as brain damage, etc. In the above case, on July 24, 1995, the fire marine insurance was paid 360 million won to the deceased by August 16, 1995, but if the amount is not paid by the above date, the amount shall be calculated by adding an amount at the rate of 25 percent per annum to the date of full payment, and if the deceased did not pay the amount by the above date, a compulsory adjustment was established to the effect that the fire marine insurance paid 360 million won to G lawyers who had the legal representative of the deceased on August 16, 1995.

G Attorneys from the above 360 million won on August 22, 1995 deducted 60 million won under the pretext of litigation costs, etc., and transferred 300 million won to the Defendant’s name bank account (Account Number: H).

3) On September 4, 1995, the body organs of the deceased, including the Defendant, withdrawn the above KRW 300 million in cash, and paid KRW 50 million among them to E, who is the wife of the deceased, and manage the remainder of KRW 250 million and nursing the Deceased. (c) The Deceased’s pension for the disabled, livelihood benefits, and medical expenses 1) The Deceased was paid KRW 62,887,779 in total from the time of drinking water, etc. to February 20, 194, from January 24, 1995 to February 20, 2014.

2) The Deceased suffered from a disease, such as brain disease, brain damage, brain injury, or any other destructive personality and behavioral disorder due to abnormal brain skills. While the Deceased’s parents were given medical care at home, from September 6, 2002 to September 29, 2004 (755 days, April 29, 2008). < Amended by Presidential Decree No. 20653, Sep. 29, 2008>