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(영문) 인천지방법원 2020.09.23 2019가단249670

부당이득금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are children between Non-Party He (hereinafter “the deceased”) and I, and the deceased J and Defendant C are the parents of the deceased.

The deceased JJ died on November 2, 2018, and its heir was the spouse of Defendant C (Inheritance 3/13) and the deceased, Defendant D, E, F, G (Inheritance 2/13, each of the shares in inheritance).

B. The Deceased’s death died as a traffic accident on December 8, 2005 (hereinafter “the instant accident”). Since I had already been divorced on January 14, 2004 prior to the occurrence of the accident, the first-class legal heir of the Deceased was only the Plaintiffs at the time of the accident.

C. On December 13, 2005, I prepared a written agreement stating that “30% of the total amount of damages (including accident insurance and other insurance money) and civil and criminal charges related to the instant accident shall be paid to J. However, on the side of the litigant’s office, I agreed to pay the insurance money to both parties, respectively (hereinafter “instant agreement”), and on December 2006, I delegated Defendant C with all the authority concerning the receipt of insurance money in relation to the instant accident.

On April 25, 2006, I, a legal representative of the plaintiffs' decision to recommend reconciliation of this case, appointed K as an attorney and filed a lawsuit against L Federation seeking compensation for damages arising from the accident of this case (Seoul District Court 2006Kadan4661). On April 25, 2006, the above court rendered a decision to recommend reconciliation (hereinafter "decision to recommend reconciliation of this case") that "the defendant (LI) shall pay each of the amounts of KRW 100 million to the plaintiffs until May 25, 2006." The above decision to recommend reconciliation of this case was finalized on May 19, 2006 because both parties did not raise any objection.

E. On May 18, 2006, the L Federation paid 200 million won to the K Attorney’s account on the basis of the decision of recommending reconciliation of this case. K Attorney-at-law excluded from the above amount 21,238,600 won in total from the attorney’s fees and litigation costs around May 2006.