1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Summary of the plaintiff's assertion

A. The deceased C (hereinafter “the deceased”) was killed on August 21, 2014 while maintaining a de facto marital relationship with the Plaintiff from around 2007 due to a traffic accident (hereinafter “instant accident”).

B. However, on December 26, 2014, the Defendant, who is the deceased’s father, determined the death insurance amount to be paid to the deceased as KRW 380,00,000 between the non-party Samsung Fire Marine Insurance Co., Ltd. (hereinafter “non-party company”) (hereinafter “non-party company”) and the non-party company. If the claimant of the right to claim for the non-party company additionally appeared, the Defendant agreed to pay the amount of KRW 380,00,000 to the non-party company. Accordingly, the Defendant received the payment from the non-party company.

C. Meanwhile, the Plaintiff, who was de facto in a de facto marital relationship with the Deceased at the time of the instant accident, has a claim for consolation money against the perpetrator or the non-party company due to extreme mental suffering due to the instant accident.

Thus, the defendant's above death insurance money paid by the non-party company 380,000,000 won includes the non-party company's consolation money against the non-party company. If the plaintiff reported the marriage with the deceased, the amount of consolation money is 162,857,142 won (=380,000,000 x inheritance shares of 3/7). In light of the above, it is reasonable to determine the inherited insurance money as 150,000 won.

Therefore, the defendant is obligated to refund the consolation money of KRW 150,000,000 paid by the non-party company on behalf of the plaintiff from the above death insurance money, and damages for delay stated in the purport of the claim.

2. We examine the judgment, and the person who injures another person's life shall be liable for damages even if there is no property damage to the victim's lineal ascendants, lineal descendants, and spouse (Article 752 of the Civil Act), and the relatives not listed therein shall be entitled to claim consolation money according to the above provisions if they prove their mental suffering.