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1. The Defendant’s KRW 77,268,40 and the Plaintiff’s annual rate of KRW 5% from September 17, 2015 to April 4, 2016.
Reasons
1. The following facts can be acknowledged according to the evidence No. 1 to No. 6.
On June 25, 2015, at around 22:30 on June 25, 2015, the Defendant: (a) talked with C in the Gangnam-gu Seoul Metropolitan Government B apartment 153 Dong Park; (b) took a bath from C, and (c) took the face and head of C by hand and her hair, thereby causing injury to C, and (d) died of cerebrovascular, etc. as a result, C died on July 10, 2015.
B. On December 18, 2015, the Defendant was sentenced to imprisonment with prison labor for 10 years (Seoul Northern District Court 2015Gohap220) (the injury resulting from death, etc.).
C. Meanwhile, pursuant to Article 18 of the Crime Victim Protection Act, D, the spouse of C, defects in applying for the payment of a criminal injury relief fund to the Plaintiff, and the Seoul Northern District Prosecutors’ Office’ Office under the Plaintiff’s Seoul Northern District Prosecutors’ Office determined C as KRW 7,268,400 pursuant to Articles 16 and 17 of the Crime Victim Protection Act and Articles 20 through 22 of the Enforcement Decree of the same Act, and paid KRW 7,268,400 to D on September 16, 2015.
2. According to the above facts of recognition, the defendant has a duty to compensate C for all damages caused by the tort of injury resulting from the above injury. In light of the family relation of C, method of causing injury, and other circumstances, the amount of damages that the defendant shall compensate C according to the above tort may be equivalent to KRW 77,268,40,00, and the plaintiff subrogated for the defendant's liability for damages to C within the limit of KRW 77,268,40, which was actually paid to C with the above bereaved family relief fund. Thus, pursuant to Article 21 (2) of the Crime Victim Protection Act, the defendant has a duty to pay damages for delay at the rate of KRW 77,268,40 and the amount of compensation for subrogation to the plaintiff from September 17, 2015 to April 4, 2016, the delivery date of the complaint in this case, according to the rate of 15% per annum under the Civil Act, from the next day to the day of complete payment.
3. Conclusion, the plaintiff's claim.