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(영문) 창원지방법원통영지원 2019.10.08 2018가단28104
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 65,811,651 as well as 5% per annum from June 28, 2017 to April 22, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company entrusted with duties under the Act on Accident Compensation for Fishing Vessels and their Crews (hereinafter “Act on Accident Compensation for Fishing Vessels”). The Defendants are the owners of the pertinent vessel indicated in the “public purchaser” in the attached Table 1 List, and are insured for insurance of fishing vessels under the Act on Accident Compensation for Fishing Seafarers with respect to each of the pertinent vessels.

B. The Defendants received insurance money from the Plaintiff in relation to the repair cost of each vessel owned by the Defendants who subscribed to fishing vessel insurance as stated in the “amount of taking place” in the attached Table 1 Crime List.

C. On December 8, 2015, Defendant B, while claiming insurance proceeds for repair expenses for coastal multi-modal fishing vessel H hulls and main body owned by Defendant B, had been damaged, by deceiving the Plaintiff by submitting insurance documents in addition to the repair items as if it actually damaged parts were damaged, and by receiving and receiving KRW 22,361,930 as insurance money from the Plaintiff on March 2, 2016, as well as by in collusion with ten fishermen, such as the list of crimes in attached Table 1, and acquired KRW 158,204,530 in total on 111 occasions.

‘Admony' was prosecuted for committing a crime such as fraud, and was sentenced to two years of imprisonment on July 20, 2017, and three years of suspended execution (the Changwon District Court 2017Ma648, 728 (combined)), and appealed against it, but was sentenced to the dismissal of appeal on October 25, 2017 (the Changwon District Court 2017No2301), and the above judgment became final and conclusive as it is.

B deposited 50,000,000 won as compensation for damage on June 27, 2017, when the case was pending in the Changwon District Court through the Changwon District Court case 2017Kadan648,728 (combined).

[Based on the recognition] Defendant B, G: Each entry of the confession (Article 208(3)2, and Article 150(3) of the Civil Procedure Act) in Defendant C, D, E, and F: The absence of dispute, and the purport of the whole pleadings and arguments as to whether the confession was made (Article 208(3)2, and Article 150(3)

2. Defendant B, C.

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