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(영문) 서울행정법원 2015.12.10 2015구합7555
장애보상금미지급금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion that the defendant paid 13,084,512 won and 5% per annum from February 11, 2006 to July 5, 2006 and 20% per annum from the following day to the day of complete payment. The defendant paid 15,84,800 won to the plaintiff on June 20, 207, which is calculated by the ratio of 13,084,512 won and the amount of 15,84,800 won per annum from the next day to the day of complete payment.

In addition, the Defendant was obligated to pay the Plaintiff the amount of KRW 26,169,020 and the delay damages for the amount of KRW 17,446,020 according to the compensation decision made on December 14, 2005 by the Samwon Educational Victim Restoration and Compensation Deliberation Committee. However, on August 10, 207, the Defendant paid the Plaintiff the principal amount of KRW 17,446,020.

Therefore, the Defendant has the obligation to pay to the Plaintiff the interest of KRW 13,779,00 (=26,169,020 - KRW 17,446,020) and the interest of KRW 13,779,950 on the unpaid principal, and the interest of KRW 26,169,020 on the interest of KRW 26,169,020 from February 11, 2006 to July 5, 2006, which is the date the above judgment was rendered (26,169,020 x annual 5% x 144 ± 144 ± 365 days) and the delay damages of KRW 5,735,670 until August 10, 207 (=26,169,020 per annum x 20% per annum x 200 days x 3638,205).

2. The plaintiff and his spouse C, D, and E are the bereaved family members of Sambu Educational Victims Network B, taking full account of the overall arguments stated in Gap evidence Nos. 1 through 13, Eul evidence No. 1 and Eul evidence No. 1, and the plaintiff filed a lawsuit against the Seoul Administrative Court against the Republic of Korea to "one hundred million won for compensation and its related amount, calculated at the rate of 20% per annum from the next day to the next day of the payment," and the Seoul Administrative Court filed a lawsuit against the Seoul Administrative Court against the plaintiff for compensation under the Act on the Restoration of Honor and Compensation for the Victims of Sambu Educational Education as the representative of bereaved family, and received the decision to pay compensation of KRW 26,169,020 on December 14, 2005.

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