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(영문) 전주지방법원군산지원 2016.05.31 2015가단57367
부당이득금
Text

1. The defendant shall pay 53,197,928 won to each of the plaintiffs and 15% per annum from December 22, 2015 to the date of full payment.

Reasons

Basic Facts

The deceased C(hereinafter referred to as the “the deceased”) was a worker of the defendant company.

On July 7, 2015, the Deceased died on the 111th of the same month from the injury caused by cerebrovascular, etc. while drinking alcohol and getting out stairs.

On May 18, 2013, the promotion testing company (the promotion testing company entered into a merger contract that is to be merged with the defendant company, and as a result, the defendant company succeeded to the rights and obligations of the promotion testing company as a result of such merger; hereinafter in this case, regardless of whether before or after the merger, the defendant company) decided to purchase a death insurance contract for employees and workers on June 201. On the 10th of the same month, the defendant company entered into an insurance contract between Samsung Bio-resources Co., Ltd. (hereinafter referred to as "Tsung Bio-resources") and its employees, including the defendant company, the insured, and the beneficiary as the defendant company.

Upon the deceased’s death as above, the Defendant Company sought insurance proceeds from Samsung Bio-resources on September 11, 2015, deeming that the insured event occurred. Samsung Bio-resources paid insurance proceeds to the Defendant Company KRW 136,395,857 on October 7, 2015.

The Plaintiffs, as the parents of the Deceased, prepared and issued the following agreements with respect to the Defendant Company on the date the Defendant Company claims insurance money to Samsung Bio-resources (hereinafter “instant agreement”).

The plaintiffs have no objection to the receipt of the total amount of KRW 136,00 from the defendant company with respect to the insurance payment (e.g., death from the outside) filed with the defendant company and its bereaved family members due to the death of the deceased among the insurance contracts that the defendant company subscribed to Samsung Bio-resources for employees (e.g., death from the outside) and not separately require the defendant company to pay a separate consolation money (e., death from the outside by his own self-inspection), and promise not to raise an absolute objection to the monetary issue.

The plaintiffs are the plaintiffs.

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