2. The costs of lawsuit are assessed against the plaintiffs.

A. Nonparty D (hereinafter “Nonindicted Party”) was hospitalized in a hospital on March 19, 2015 due to re-explosion after the surgery, and was recovered on April 14, 2015, when he/she was hospitalized in another hospital for the Alternative Act, and was transferred to a university hospital on April 30, 2015, and was unable to recover due to the deterioration of the function of extension around May 12, 2015. < Amended by Act No. 13358, Apr. 30, 2015>

B. On January 2004, the Nonparty: (a) concluded a life insurance contract (insurance policy number E) that causes 50,000,000 of the amount of insurance coverage; (b) designated the beneficiary as the Plaintiff A, the Nonparty’s spouse; and (c) on January 2015, the Nonparty changed the beneficiary to the Nonparty’s Defendant as the Nonparty’s Plaintiff.

C. On March 2015, after the non-party recovered from his blood card, the Defendant received four debit cards connected to the non-party's four deposit accounts from the non-party, along with the passwords. Using this, the Defendant withdrawn, transferred, and settled KRW 39,543,860 in total as shown in the attached Table 1.

After the death of the Nonparty, the Defendant received KRW 50,000,000 from the insurance company.

E. Plaintiff B is Nonparty and Plaintiff A’s children.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 15, 20 through 23 (including provisional number), Eul evidence 7, witness F's testimony, purport of whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that ① the defendant used the insurance money for the plaintiff B as the counter-payment of the change of the beneficiary between the non-party and the non-party, and agreed to pay the plaintiff B. The defendant did not perform his/her duty to pay the insurance money after receiving the insurance money. Thus, the non-party's heir, the non-party's heir, revoked the above-paid donation contract and the defendant's insurance