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(영문) 대구지방법원 2018.04.05 2017나8249
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff is the second child of the deceased C (hereinafter "the deceased"), and the defendant is the fourth child of the deceased.

B. The Deceased was hospitalized in a hospital due to an accident that occurred around January 29, 2008, and the medical expenses of KRW 3,790,930 (hereinafter “the first medical expenses”) incurred at the time were to be borne by the Plaintiff. Around April 9, 2011, the Deceased died on April 10, 201 in the course of receiving treatment at the hospital after having been in an accident again. Around April 9, 201, the Deceased incurred the death of KRW 10,234,160 in total of the medical expenses and funeral expenses incurred at the time (hereinafter “the second medical expenses and funeral expenses”).

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1, 2, and 4, and the ground for appeal

2. The plaintiff's assertion and judgment on the assertion

A. On April 12, 201, the Plaintiff asserted that the first child D and the Defendant, who are obligated to support the Deceased, agreed to share each of the above first medical treatment costs and funeral expenses on the following grounds: (a) around 2008; and (b) around April 12, 201, the Plaintiff agreed to share each of the above second medical treatment costs and funeral expenses.

As the Defendant did not pay the Plaintiff KRW 4,675,00 [the amount of KRW 3,790,930 (the amount of KRW 3,790,930 and funeral expenses) x 1/3,000 (the amount of KRW 10,234,160 for the first medical expenses and funeral expenses)] of the amount equivalent to 1/3 of the said first medical expenses, the second medical expenses, and funeral expenses, as a result of the performance of obligations under the above agreement, the Defendant sought payment of the said amount against the Defendant.

B. First of all, as to whether there was an agreement between the Plaintiff, the Defendant, and D on the share of the first and second medical treatment costs and funeral expenses of the deceased in 1/3, it is insufficient to acknowledge that there was an agreement on the content as alleged by the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion that is premised on the existence of the above agreement is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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