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(영문) 창원지방법원 2020.01.07 2019가단114266
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C A. On January 12, 2019, on the boarding of D on the port, while moving from south-gu E 44 nautical miles to 91 nautical miles in south-dong, South-gu, 2019, went into the sea with other crew members and went missing on the sea due to a fire accident in the ship.

B. The Plaintiff is the mother of C.

Meanwhile, the Defendant was sentenced to a favorable judgment on June 19, 2019 in a lawsuit seeking confirmation of existence of a de facto marital relationship, as a spouse of a de facto marital relationship, who was supported by C and C by living together with C from around 2012, such as receiving living expenses from C, and was sentenced to a favorable judgment on July 11, 2019.

C. On July 1, 2019, the Defendant received KRW 183,372,80,00 for bereaved family benefits arising from an accident compensation insurance for fishing vessel crew members from the head of the Ganbuk-gu headquarters of the F organization, an entrusted agency of the work of accident compensation insurance for fishing vessel crew members, funeral expenses of KRW 16,926,720, missing benefits of KRW 16,201, 290, and total of KRW 216,50,810.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 7, the purport of whole pleading

2. According to the provisions of Articles 27, 28, and 29 of the related Acts and subordinate statutes, and Articles 23 and 24 of the Enforcement Decree of the Fishing Vessels Act, and Articles 29 and 30 of the Enforcement Decree of the Seafarers Act, the order of priority of persons who receive bereaved family benefits following the death or missing of a seafarer, and missing benefits shall be the first priority of “spouse (including a person who was in a de facto marital relationship) who was supported by him at the time of his death, children, parents, grandchildren, and grandparents” among persons in the same order of priority, and the spouse, children, and parents shall be in the same order of priority, and if there are two or more persons in the same order of priority, they shall be paid in proportion to the number of persons to be paid.

(The original text of a statute is as shown in the attached Form)

3. The plaintiff's claim for return of unjust enrichment.

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