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(영문) 인천지방법원 2016.08.12 2014가합59688
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 25, 1981, the Plaintiff and the Defendant married on June 25, 1981, and the date of birth between two persons has been born.

B. On September 10, 1985, the Plaintiff and the Defendant brought up C alone after the divorce.

C. On March 19, 2011, C, while not married, was involved in a traffic accident by cutting the crosswalk, and died on April 4, 201 by a low-blood shock.

C had a deposit claim of KRW 8,006,061 in total at the time of death.

C is the insured person of LIG non-life insurance company and tinb credit cooperatives, respectively, and concluded each insurance contract with the beneficiary as the legal inheritor at the time of the death of the insured. The occurrence of the insurance accident that C dies, and the legal inheritor of C was entitled to receive the insurance amount of KRW 230,516,030.

E. On January 9, 2013, the Plaintiff filed a claim for damages against Hyundai Marine Fire Insurance Co., Ltd., which entered into a comprehensive automobile insurance contract with respect to the household traffic accident (In Incheon District Court Decision 2012Dadan204678), and on January 9, 2013, the Incheon District Court rendered a judgment that the Hyundai Marine Fire Insurance Co., Ltd. paid to the Plaintiff KRW 154,779,319 [The amount of KRW 154,779,319 [the amount of KRW 2,00,00 for the opening cost of KRW 239,558,638, 638, - the amount of KRW 7,00,000 for mutual aid - KRW 50,000 for the deceased’s data at KRW 50,000 for inheritance shares 1/2 funeral expenses, KRW 2,500,000 for consolation money] and delay damages damages.

F. The Plaintiff filed a judgment against the Defendant regarding the payment of child support, on the premise that C’s total amount of deposit claims, KRW 8,006,061, KRW 230,516,030 against LIG non-life insurance corporations, and KRW 284,558,638 (damage Compensation) against C’s modern marine fire insurance company is inherited property, setting the Plaintiff’s contributory portion as 90%, and claiming appropriate division of the remaining inherited property except for the contributory portion.

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