Text
1. The Defendant’s KRW 108,375,160 as well as the Plaintiff’s annual rate from June 1, 2018 to September 12, 2018, and the following.
Reasons
1. The following facts are acknowledged in full view of the statements in Gap evidence Nos. 1 and 8 and the purport of the whole pleadings.
A. The Defendant, in collaboration with B and C, committed the crimes such as joint confinement, robbery, abandonment of body, etc. (hereinafter “instant crimes”) as stated in the attached Form “criminal facts” against D.
B. On December 21, 2017, the Defendant was sentenced to 15 years of imprisonment for the instant crime in Changwon District Court Decision 2017Da172, 182, and 182; on July 11, 2018, Busan High Court Decision 2018No12, the Defendant was sentenced to dismissal of appeal; and on October 25, 2018, Supreme Court Decision 2018Do12048, the Defendant was sentenced to dismissal of appeal, respectively.
C. E/F, a bereaved family member of D, filed an application with the Plaintiff for payment of relief funds under the Crime Victim Protection Act.
On May 18, 2018, the Changwon District Prosecutors' Office Council made a decision to the effect that E and F will pay 54,187,584 won each as bereaved family relief fund, and that they shall exercise the right to indemnity against the total amount of the relief fund against the defendant and other offenders.
E. On May 31, 2018, the Plaintiff paid 108,375,160 won in total of the bereaved family relief fund according to the above rescue decision to E and F.
2. According to the facts of recognition of the obligation to pay the amount of compensation, the defendant is one of the accomplices who committed the crime of this case and is obligated to comply with the claim for compensation of the total amount of the bereaved family relief fund paid to D's bereaved family
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 108,375,160 as well as damages for delay calculated at the rate of 5% per annum prescribed in the Civil Act from June 1, 2018 to September 12, 2018, which is the delivery date of a copy of the instant complaint from June 1, 2018, and 15% per annum prescribed in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.