1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the Defendant completed the marriage report on July 20, 1982, and they were judicial divorce around July 2012.

B. On March 19, 1989, the Plaintiff was involved in a traffic accident by C driver’s vehicle (hereinafter “the instant traffic accident”) on the way on which the Plaintiff had a fishing answer physician, and suffered bodily injury, etc. on the brain, etc., and was placed in a heavy position for one month, and became close to the end of the long-term infectious life.

C. On September 12, 1991, the Plaintiff et al. filed a lawsuit against C for damages (hereinafter “previous case”) with Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch 90Ga2037, and on September 12, 1991, the said court rendered a judgment ordering C to pay the Plaintiff lump-sum payment (10,616,464 won and damages for delay thereof) and periodic payments (704,700 won from August 30, 1991 on condition of the Plaintiff’s survival) and the said judgment became final and conclusive around that time.

C. On October 4, 1991, the Dongyang Fire and Marine Insurance Co., Ltd., an automobile insurance company, paid 200 million won (hereinafter “instant insurance money”) to the Plaintiff’s previous attorney-at-law, which was the sum of the said lump-sum payment and the said regular amount converted into a lump-sum payment.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 (including the number of each branch), the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant alleged that the instant insurance proceeds (i.e., KRW 89,383,536, except for the lump-sum payment (i.e., KRW 200 million-110,616,464) was consumed by himself without legitimate authority by receiving at will the Plaintiff and paying it to the Plaintiff. This constitutes tort against the Plaintiff.

Therefore, the defendant is obligated to pay damages to the plaintiff KRW 89,383,536 and damages for delay.

B. Each statement of Gap evidence Nos. 2 through 5 (including a serial number) is the fact that the plaintiff's tort is alleged.