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1. The Defendants are limited to KRW 17,170,753, respectively, within the limit of the property inherited from the network D and the Plaintiff.
Reasons
1. Facts of recognition;
A. D around February 25, 2015, around 08:10, at the F convenience point in Sejong City, D launched air guns on three occasions at G Gyeong-si, and killed the said victim.
B. The deceased G’s mother, applied for the payment of the bereaved family relief fund to the Plaintiff under the Crime Victim Protection Act. On May 19, 2015, the Plaintiff rendered a decision to pay KRW 51,512,260 to H, and paid the said bereaved family relief fund on May 22, 2015.
C. Meanwhile, D died on February 25, 2015, which is on the day of the crime, and the Defendants inherited the deceased’s property by 1/3 equity.
The Defendants reported to the Suwon District Court 2015 Madan772 on the approval of the limited inheritance, and was tried on April 23, 2015 to accept the said report.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings
2. According to the above facts finding as to the claim, the plaintiff can exercise the claim for damages against the deceased of H within the scope of the relief fund paid by the plaintiff pursuant to Article 21(2) of the Crime Victim Protection Act, and the defendants are liable to pay the deceased's damage liability due to the deceased's unlawful act to the extent of inherited property according to their inherited shares.
Therefore, the Defendants are obligated to pay to the Plaintiff 17,170,753 won (=51,512,260 won x 1/3) and to pay damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from May 22, 2015 to August 17, 2015, when a duplicate of the complaint in this case was served on the Defendants, to the extent that the said copy was served on the Defendants; 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to September 30, 2015; and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full
3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.