The defendant's 20,169,150 won and 5% per annum from May 4, 2019 to November 11, 2020 to the plaintiff.

1. Basic facts

A. The deceased C (hereinafter “the deceased”) and D were divorced on April 25, 2003, while maintaining the legal marital relationship. The Plaintiff and the Defendant are the deceased and D’s son and son, respectively.

B. On November 27, 2011, the Deceased died of a fladism on August 22, 2015, when hospitalized in E hospital, etc. due to serious injury such as cerebrovascular, etc., resulting in cerebral cerebrovascular and received treatment.

On June 18, 2013, the deceased received KRW 24,422,640 from the State under the Crime Victim Protection Act as the deceased’s account, and the Defendant, who managed the said account, remitted the said money to the Defendant’s account under the name of the Defendant.

C. Around December 2015, the Deceased entered into an insurance contract with F Co., Ltd. (hereinafter “F”), whereby the Deceased and the beneficiary were statutory successors, the Deceased, and the Defendant delegated his/her right to receive the death benefit by the Plaintiff and claimed F to pay the nominal insurance proceeds, such as a disease, death, and a high pulmonary disability caused by the death of the Deceased. On December 28, 2015, the Deceased received KRW 40,338,300, the total amount of the said insurance proceeds from F (hereinafter “the instant insurance proceeds”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 7, 9, 10 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is liable to pay to the Plaintiff KRW 24,422,640 of the Criminal Victim’s Compensation Fund deposited in the deceased’s account before the deceased’s death and KRW 64,760,940 of the instant insurance money received from F after the deceased’s death, as the Defendant arbitrarily consumeded KRW 40,338,300 of the instant insurance money, and KRW 64,760,940 of the Plaintiff’s statutory share of inheritance among the said KRW 64,760,940.

B. The defendant's alleged victim damage relief fund does not constitute inherited property, and the defendant shall pay the above money to the deceased.