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(영문) 대전지방법원 2018.04.11 2017가단224378
구상금
Text

1. The Defendant’s KRW 83,017,440 as well as the Plaintiff’s annual rate of KRW 5% from February 23, 2017 to September 18, 2017, and the following.

Reasons

1. Facts of recognition;

A. On October 20, 2016, the Defendant was sentenced to imprisonment with prison labor for 25 years in Hongsung Branch of the Daejeon District Court (2016Gohap62) and imprisonment with prison labor for the Daejeon High Court on February 3, 2017, on October 20, 2016.

(2016No394) The above judgment was dismissed by the Supreme Court on April 7, 2017 (2017Do2968).

B. The Plaintiff paid KRW 83,017,440 as the bereaved family relief fund to C by applying Article 16 Subparag. 1, Article 18(1)1, and Article 22(1) of the Crime Victim Protection Act; Article 20(2), Article 22 Subparag. 1, and attached Table 4 of the Enforcement Decree of the same Act.

[Reasons for Recognition] Unsatisfy, Facts which are significant to this court, and statements in Gap evidence 1 to 9

2. Determination

A. According to the above facts, the defendant, who caused the death of the deceased, has a duty to compensate the deceased for the damage caused by the tort, and in light of the deceased's age, gender, method of murder, circumstances after the crime, etc., it is sufficiently confirmed that the amount of the damage the defendant would exceed KRW 83,017,440 of the above bereaved family relief fund.

B. The Plaintiff may subrogate the beneficiary’s right to claim damages against the Defendant within the scope of the bereaved family relief fund paid as above pursuant to Article 21(2) of the Crime Victim Protection Act.

The Defendant is obligated to pay to the Plaintiff the amount of KRW 83,017,440 with the indemnity amount of KRW 83,01,440 and the amount of delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from February 23, 2017, which is the day immediately following the date of payment of the bereaved family relief fund, to September 18, 2017, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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