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(영문) 인천지방법원 2018.02.14 2017가단212483
약정금
Text

1. The Defendant’s KRW 60,497,688 as well as the Plaintiff’s KRW 5% per annum from April 15, 2017 to February 14, 2018.

Reasons

1. Facts of recognition;

A. C was born between the former wife D and the former wife, and divorced from D on March 14, 200, and married with the Defendant on April 24, 2014.

B. C was missing on or around December 2015, when a seafarer worked as a seafarer, and the report of death was filed on May 4, 2016.

As C dies, bereaved family benefits under Article 62 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Insurance Act") were paid to the defendant who is the person entitled to the survivors' compensation annuity under Article 63 of the same Act.

The bereaved family's benefits are paid monthly as the bereaved family's compensation annuity. If the defendant wishes, the amount equivalent to 50/100 of the lump-sum survivors' compensation benefits (average wage for 1,300 days) shall be paid in a lump sum, and the survivors' compensation annuity may be paid by reducing 50/100.

C. On October 14, 2016, the Defendant prepared and submitted to the Korea Workers’ Compensation and Welfare Service a “written confirmation of survivors’ benefits (pension)” containing the content that the said survivors’ benefits will be received at 50% of a lump-sum amount (hereinafter “half-sum payment”) and 50% of a pension (hereinafter “half-sum pension”).

On November 3, 2016, the Defendant received KRW 97,081,20,00 in total, including a half-yearly amount of KRW 85,622,110 and half-amount pension of KRW 11,459,090 (one-month portion from January to November 2016) from the Korea Labor Welfare Corporation.

On November 8, 2016, the Defendant drafted a written agreement (hereinafter “instant agreement”) with the following terms to the Plaintiff:

“I, I shall make a written agreement on compensation 6:4 industrial accident for children A and 1:0% of the total amount of compensation for children A. The Bank shall settle any dispute. Funeral expenses shall be paid 100% of the total amount of compensation for children A.

E. Around December 2016, the Defendant lent KRW 8,000,000 to E with the Plaintiff’s involvement.

F. From December 2016 to December 2016, the Defendant received KRW 13,940,420 as the sum of KRW 12,870,840 (= KRW 1,072,570 x 12 months) for 12 months from January 2017 to December 2017, the Defendant received KRW 12,870,420 as the half-amount pension from the Korea Workers’ Compensation and Welfare Service.

[Reasons for Recognition]

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