(영문) 광주지방법원 2017.05.02 2016가단527290

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(영문) 광주지방법원 2017.05.02 2016가단527290

양수금

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1. The Defendant: KRW 18,00,000 to Plaintiff A; KRW 12,00,000 to Plaintiff B; and each of them, from March 16, 2017 to May 16, 2017.

Reasons

1. Basic facts

A. On November 26, 2014, 21:30, 201, the C (hereinafter referred to as “the deceased”) was assaulted by Nonparty D, a taxi engineer, at the Gyeong-dong, Seo-gu, Seo-gu, Seosung-gu, Seodong, Seo-gu, Seoul, and died of brain damage from the Joseon University Hospital at around 00:30,00 on November 27, 2014, when a mutual aid agreement with the Defendant was concluded with the Defendant on the taxi on the road.

(hereinafter “instant accident”). B.

The deceased’s heir is the wife A and B, the wife, and the Plaintiff B.

C. E paid to the Plaintiffs a sum of KRW 30 million, including KRW 20 million on January 20, 2015, and KRW 10 million on March 20, 2015, respectively, as a criminal agreement amount (hereinafter “instant agreement amount”). On March 20, 2015, when the instant agreement amount is deducted to the Plaintiffs in the course of claiming for damages, E transferred all the claim for mutual-aid money with respect to the said money to the Defendant and delegated the notification of assignment of claims.

Accordingly, on December 30, 2015, the Plaintiffs notified the Defendant of the assignment of claims.

On May 22, 2015, the Plaintiffs filed a lawsuit against the Defendant for damages arising from the instant accident (2015da513270) and received a judgment of winning part of the case on November 18, 2015. Accordingly, the Plaintiffs and the Defendant appealed and rendered a judgment of winning part of the Plaintiffs on October 14, 2016 (Seoul District Court 2015Na57184). While the Defendant appealed against the said judgment (Supreme Court 2016Da26873), the said judgment of the appellate court was dismissed on March 16, 2017, and the said judgment of the appellate court became final and conclusive. The instant agreement was deducted from the amount of damages in the course of calculating the amount of damages to be paid by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6-2, purport of the whole pleadings

2. We examine the determination of the cause of the claim, which E paid to the plaintiffs.

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