A. On December 30, 2005, Defendant B entered into an E insurance contract with the Plaintiff, the insured, and the beneficiary as the Defendant himself (hereinafter “instant insurance contract”) and changed the policyholder and the beneficiary to Defendant C on August 1, 2008, but changed the policyholder and the beneficiary to Defendant C on June 13, 201.

B. From January 29, 2009 to April 14, 2016, the Plaintiff is a bank account in the name of Defendant C and D in total at least 63 times, and the “F” as stated in the product name in the separate sheet in the separate sheet in the attached sheet is a clerical error in the “E”.

The total amount of 83,170,000 won, including each amount paid in the statement, was deposited.

C. Defendant B was convicted of having been sentenced to one year and two months of imprisonment by the above court on August 23, 2018, on the charge of fraud, by deceiving the Plaintiff who is aware of such fact after being hospitalized in the absence of the necessity of hospitalization after having subscribed to the instant insurance contract, or being hospitalized for a longer period than the actual period of hospitalization, and then deceiving the Plaintiff to take money amounting to KRW 83,170,000,000.

Defendant B appealed against the above judgment as Seoul Northern District Court 2018No1477, but was sentenced to dismissal by the appellate court on January 25, 2019. On January 28, 2019, Defendant B waived the appeal and became final and conclusive as it became final and conclusive at that time.

(hereinafter the above conviction is referred to as the "criminal judgment of this case"). 【The ground for recognition】 The fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 and the purport of the whole pleadings.

2. Claim against the defendant B

A. According to the facts of the judgment as to the cause of the claim 1, Defendant B, who subscribed to the insurance contract of this case for the purpose of deceiving the insurance money, was hospitalized in the absence of the need of hospitalization, or hospitalized for a longer period than the actual period of hospitalization, and then deceiving the Plaintiff, who is aware of such fact, thereby deceiving the Plaintiff to acquire the insurance money of KRW 83,170,000.