In fact, on May 19, 2003, the Plaintiff, who runs an insurance business, entered into a “standard type of non-dividendd life insurance (hereinafter “instant state contract”) with the deceased (hereinafter “the deceased”) on the life of the insured, the insured, and the beneficiary upon the death of the deceased, with the legal heir, with the content that the insured shall pay insurance proceeds for the death of the insured and certain obstacles.

At the time of the conclusion of the foregoing insurance contract, the Deceased subscribed to the “special agreement for accident-free dividends” (hereinafter “instant special agreement”) with the subscription amount of KRW 80,000,000, and the insurance period of which would reach the age of 80,000.

On February 28, 2015, the Deceased committed suicide. At the time of the Deceased’s death, Defendant A and C, the spouse, were the deceased’s children.

On March 23, 2015, Defendant A claimed insurance money from the deceased on behalf of co-inheritors.

Accordingly, the Plaintiff paid KRW 40,000,000 to Defendant A with the general death benefit under the instant main contract.

Article 18 (1) of the Special Agreement of this case provides that "the plaintiff shall issue a receipt when he receives the required documents at the time of claiming the insurance money, and shall pay the insurance money or the refund for cancellation within three days from the date of receipt of the documents: Provided, That in the case of the insurance money, if it is necessary to investigate or confirm the cause for payment, it shall be paid within ten days from the date of receipt." Article 18 (2) provides that "the plaintiff shall calculate the interest for the period until the date of payment of the insurance money in accordance with paragraph (1) of this case as the calculation of the interest rate for the period until the date of payment of the insurance money" in attached Table 4 of the Special Agreement.

[Ground of recognition] The fact that there is no dispute, A.