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(영문) 울산지방법원 2016.04.20 2015나2072
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a de facto spouse who was married with D around 2011 but did not complete the report of marriage, and the Defendants are parents of D.

D On November 24, 2012, 201, the D died of an industrial accident that occurred while working in the Ntex Co., Ltd. (hereinafter referred to as “Ntex”).

Defendant B is the father of the network D, and the Plaintiff, as the wife of the network, shall comply with the following terms with respect to agreed money, bereaved family’s compensation, and industrial accident insurance money, etc. due to the death of D on November 24, 2012.

1. By January 17, 2013, Defendant B should pay to the Plaintiff KRW 100 million out of the bereaved family’s compensation due to the death of D, and KRW 300 million received with agreed money.

2. By January 17, 2013, the Plaintiff’s registration of the transfer of ownership with respect to the E apartment No. 110 Dong-dong 901 owned by Defendant B, Ulsan-gu, Ulsan-gu, 2013.

3. Defendant B shall entrust the Plaintiff with all of the industrial accident insurance proceeds to be received due to the death of D, and require the Plaintiff to receive the industrial accident insurance proceeds.

4. The Plaintiff is entitled to receive the industrial accident insurance money due to the death of D and, in the event that the Plaintiff remarrieds, to transfer the industrial accident pension money to Defendant B.

5. With respect to the insurance money that D purchased prior to marriage, the Plaintiff’s respective property rights should be exercised with respect to the insurance money that D purchased prior to marriage.

6. Defendant B and the Plaintiff mutually cooperate with each other in relation to documents submitted to relevant authorities or insurance companies due to the receipt of industrial accident insurance proceeds, etc.

B. On January 14, 2013, the Plaintiff and Defendant B drafted a letter of agreement execution (hereinafter “instant letter of agreement execution”) with the following contents.

C. On August 14, 2014, Defendant C received KRW 50,113,972 of the death insurance money under the Korea-Japan Comprehensive Insurance Contract with D as of August 31, 2012 (hereinafter “instant insurance contract”).

[Recognition] Facts without dispute, Gap evidence 1, and Eul evidence 1 and 2.

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