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(영문) 광주지방법원 2020.01.22 2019나57311
공탁금 출급청구권 확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

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. I, the owner of H, concluded an insurance contract for fishing vessel crew members with a F organization under the Act on Accident Compensation Insurance for Fishing Vessels and Fishing Vessels (hereinafter “Act on Accident Compensation for Fishing Vessels”).

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.

On July 19, 2018, the F organization deposited the instant salary of KRW 183,167,630,00 for the reason that “In the event that the term is collectively referred to as “Ma E (Death, February 23, 2019), a sibling not supported by G at the time of the death of G, and the joint Plaintiff A of the first instance trial (hereinafter referred to as “Plaintiff, etc.”), among the Plaintiff, etc., cannot be known to whom the payment of the instant salary is to be made.”

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

2. Articles 27 and 29 of the Act on Insurance of Seafarers of Fishing Vessels 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 bereaved family members or dependent persons who may receive missing benefits. The contents are as follows.

"Those prescribed by Presidential Decree" in Article 29 (1), the main sentence of Article 99 (2) and Article 100 (1) of the Act.

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