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1. The Defendant’s KRW 64,427,140 for the Plaintiff and KRW 5% per annum from July 21, 2018 to January 15, 2019.
Reasons
1. The facts of recognition ① on November 23, 2018, the Defendant: (a) murdered the victim B on April 27, 2018 in this court; and (b) abandoned the victim’s body on the same day.
‘A sentence of imprisonment for life was imposed on the summary of a crime of robbery or bodily abandonment.
(2018. The Seoul High Court, the appellate court, dismissed the defendant's appeal on May 24, 2019 (2018No3331), and the Supreme Court, the appellate court, dismissed the defendant's appeal on August 9, 2019 (2019Do7904), which became final and conclusive on the same day (2019Do7904).
② As a bereaved family member of a victim, C applied for the payment of the bereaved family relief fund to the Seoul Northern District Prosecutor’s Office. The Plaintiff decided to pay KRW 64,427,140 calculated pursuant to Article 22(1) of the Crime Victim Protection Act and Articles 20 and 21 of the Enforcement Decree of the same Act, and paid the bereaved family relief fund to C on July 20, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-5, the purport of the whole pleadings
2. According to Article 16 of the Crime Victim Protection Act regarding the cause of the claim, “The State shall provide that “where a person who has received criminal damage subject to relief fails to receive full or partial compensation for damage, the State shall pay the person who has received criminal damage or his/her bereaved family members,” and Article 21(2) of the same Act provides that “The State shall, within the scope of the relief fund paid, subrogate the person who has received the relevant relief fund on the ground of criminal damage subject to relief.”
According to the facts acknowledged above, the defendant is liable to compensate the victim and his/her bereaved family members for damages caused by illegal acts. The plaintiff may subrogate the beneficiary of the relief fund within the scope of the bereaved family's relief fund paid to his/her bereaved family members pursuant to Article 21 (2) of the Crime Victim Protection Act.
Therefore, the defendant.