1. The Defendant’s KRW 13,147,124 as well as the Plaintiff’s annual rate of KRW 5% from January 11, 2019 to February 4, 2020.

1. Basic facts

A. The plaintiff (C) and the defendant are the mother's simplified, and the defendant and D are three children, such as the plaintiff, E, and F, by marriage.

B. D’s death on April 26, 2013 due to a traffic accident, the Defendant, the Plaintiff, etc. jointly inherited.

C. On June 13, 2013, the Defendant received the amount equivalent to KRW 541,435,728, including KRW 335,00,00, from the G Co., Ltd. that entered into a contract with the network D on August 1, 2014, as the qualification of the principal or his/her children, including the Plaintiff, as the insurance money due to the death of D.

On September 17, 2013, the defendant received 134,055,000 won from the Ministry of Patriots and Veterans Affairs as compensation for death as military personnel.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including a serial number; hereinafter the same shall apply), and the court's fact-finding results on the Daejeon Regional Veterans Office, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that 541,435,728 won of the insurance money he received by the defendant is inherited property and 134,05,000 won for death of military personnel is equivalent to legacy or private donations. The plaintiff's share in inheritance is 150,109,050 won (675,490,728 won for death of military personnel 134,05,000 won for death of military personnel 541,435,728) among the above 675,49,728 won (the insurance money 541,435,728 won 134,05,000 won x 2/9 of the plaintiff's share in inheritance). The defendant embezzled the above money by refusing to return it, and claimed against the defendant for payment of 130,000 won among the above money and delay damages.

In this regard, the defendant asserts that the compensation for death for military personnel is not entitled to receive the plaintiff, and that the defendant paid 259,900,000 won exceeding the plaintiff's share of inheritance at the plaintiff's request, so the plaintiff cannot respond

B. According to the Plaintiff’s share of inheritance (1) according to the above recognition, the Plaintiff’s share of inheritance is 120,319,050 won [541,435,728 won x 2/9,000 won] out of the insurance proceeds received by the Defendant 541,435,728 won (hereinafter the same).

(2) On April 26, 2013, the deceased D’s death, the Plaintiff’s full 21 years of age and October 2014 of the Military Pension Act.