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Reasons
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(영문) 광주지방법원 2015.04.22 2014나12672
구상금
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1. Revocation of a judgment of the first instance;

The plaintiff's claim against the defendants is dismissed in entirety.

2. The total cost of the lawsuit.

Reasons

1. The plaintiff's assertion

A. On April 30, 1996, Q and Q concluded an insurance contract with the content that, in order to secure the payment of restoration expenses for the permission for the collection of earth and stone for public forests permitted by the head of Si/Gun for which Q and Q obtained permission, the insured head of Si/Gun, the insurance coverage amount of KRW 325,360,000, the insurance period from April 30, 1996 to May 31, 2001. In the event that the Plaintiff pays the insurance money to Y-gun, Q and agreed to reimburse the insurance money paid by the Plaintiff to the Plaintiff and its delayed payment, and the legal procedure expenses paid by the Plaintiff to compensate for the Plaintiff’s claim for reimbursement, and the joint Defendant A, C, D, and E of the first instance trial as a joint and several surety under the insurance contract.

B. On September 6, 2002, the Plaintiff paid KRW 259,943,00 insurance money pursuant to the insurance contract as indicated in paragraph (a). The Plaintiff’s claim for reimbursement against Q is KRW 184,111,530 as of July 28, 2014 (interest or delay damages KRW 179,296,130, the legal procedure cost of KRW 4,815,40, and the principal amount was fully paid). Thus, the Plaintiff and the Co-Defendant A, C, D, and E, Co-Defendant A, D, and E of the first instance trial are obligated to pay the Plaintiff KRW 184,11,530 as of July 28, 2014.

C. S died on January 30, 2005, and on January 30, 2005, Defendant K 3/11, his spouse, and Defendant L, M, N, andO inherited the property of S at the ratio of 2/11, respectively.

Therefore, the Defendants jointly and severally with the Codefendant A, B, C, D, and E in the first instance trial are jointly and severally liable to pay KRW 50,212,235 (184,11,530 x 3/11 x 3/11) to the Plaintiff, Defendant L, M, N, andO to KRW 33,474,823 (184,11,530 x 2/11) respectively.

2. According to the statement in Eul evidence No. 3, it can be acknowledged that the defendants received a judgment (Yanju District Court 2005Ra121) that renounced the inheritance of S's property on March 7, 2005, and therefore, even if S has been liable to pay the plaintiff the above KRW 184,111,530 to S, the defendants are not liable to perform the judgment.

Therefore, the plaintiff's assertion is without merit.

3. Conclusion.

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