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(영문) 서울중앙지방법원 2015.07.10 2014가합566062
손해배상(기)
Text

1. Defendant C: (a) KRW 204,820,895 to Plaintiff A; and (b) KRW 204,820,895 to Plaintiff B; and (c) to each of them, from September 9, 2013 to September 2015.

Reasons

1. Basic facts

A. The Plaintiff A and B are parents of the network D (hereinafter “the network”).

B. As the representative director of the E Co., Ltd. (hereinafter “E”), Defendant C, who is working for the Deceased, was faced with economic difficulties, such as aggravation of the financial condition of E, delinquency in the monthly rent of the house in which he resides, etc., and had the Deceased subscribed to insurance, and had the Deceased kills the Deceased to receive the insurance money.

C. Defendant C concluded, on July 29, 2013, a life insurance contract with Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Samsung Life”) on behalf of the Deceased, the insured, beneficiary E, and monthly insurance premium of KRW 611,230 (hereinafter “the instant insurance contract or “the instant insurance contract”).

The instant insurance is designed to be paid in the amount of KRW 500,000 per month until July 28, 2036, which is the termination date of the coverage period, to E, the beneficiary of the instant insurance, in a lump sum, if the deceased who is the insured dies.

Around September 13:55, 2013, Defendant C: (a) induced the Deceased to the E’s warehouse of its goods; (b) caused the Deceased’s hair to be removed from the body of the deceased, and died from the bones of hair, cerebral transfusions, etc. on the spot.

[Ground of recognition] Facts without dispute, Gap 1 through 4, Gap 7 through 15 each entry (including additional entry; hereinafter the same shall apply), witness F testimony, and the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. According to the facts of recognition as above, Defendant C is liable for the damages suffered by the Plaintiffs, who are the deceased and their family members, as a tortfeasor who killed the deceased.

(b)For the purpose of calculating the scope of liability for damages, the period of time shall be calculated on a monthly basis, but less than the last month and less than KRW 1.

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