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광주지방법원목포지원 2019.05.22 2018가단55846
공탁금 출급청구권 확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is all dismissed.

2. The plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. G was returned from around 21:41 October 27, 2017 to the vessel crew of H (H), and H was returned to the sea at approximately 10 nautical miles of the Northwestwest-do, Y, Y was missing due to the electric reproduction.

B. Nonparty I, the owner of H, concluded an insurance contract for fishing vessel crew under the F organization, fishing vessel crew members, and fishing vessel accident compensation insurance Act.

C. Upon the lapse of one month after G was missing, the F organization intended to pay the sum of KRW 155,140,700 for bereaved family benefits and funeral expenses of KRW 14,320,680 for missing benefits, and KRW 13,706,250 for missing benefits (hereinafter “instant benefits”) to the beneficiary of the instant benefits in accordance with the insurance contract entered into by the I.D.

The F organization deposited the instant benefits pursuant to Article 487 of the Civil Act, on July 19, 2018, on the ground that “the payment of the instant benefits cannot be known to anyone among the Plaintiffs, who were the Defendant alleged in a de facto marital relationship withG, and siblings who were not supported by G at the time of the death of G,” and the Defendant who was not supported by G, Gwangju District Court Decision 2018Hun-Ga1285, 183,167,630 won as the Plaintiffs or the Defendant.”

(hereinafter “Deposit of this case”). [Grounds for recognition] The deposit of this case is without dispute, entry of Gap evidence Nos. 1 through 7, and the purport of the whole pleadings.

2. Articles 27 and 29 of the relevant Acts and subordinate statutes and Articles 23 through 24 of the Fishing Vessel Accident Compensation Insurance Act and Articles 23 through 24 of the Enforcement Decree of the same Act shall apply mutatis mutandis to the scope and precedence of bereaved family benefits, bereaved family members who may receive missing benefits, and their dependents.

Articles 29 and 30 of the Enforcement Decree of the Seafarers' Act shall be as follows:

"Survivor prescribed by Presidential Decree" in Article 29 (1), the main sentence of Article 99 (2), and Article 100 (1) of the Act means any of the following persons:

1. The soldier was dependent at the time of his death; and

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