1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the following judgments as to the assertion emphasized by the court of first instance. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the

2. Additional determination

A. Each of the instant arguments by the Defendant was prepared regarding the distribution of “all insurance money and compensation paid due to the death of the deceased C,” and D received total amount of KRW 201,035,920 from Samsung Life Insurance Co., Ltd. as insurance money due to the death of the deceased, and then ordered KRW 100,000,000 among them to the Defendant.

Accordingly, since the settlement under each of the instant notes has already been completed, the Defendant does not have a duty to again give the Plaintiff KRW 50 million, which is 50% of the above KRW 100 million.

B. Although there is no dispute between the parties to the judgment, or comprehensively taking account of the overall purport of the argument as to the evidence No. 4, the beneficiary of the insurance contract between the deceased and Samsung Life Insurance Co., Ltd. was designated as “he inheritor”, and the Plaintiff, a lineal descendant of the deceased, as a sole inheritor,

In light of the above facts and the purport of the entire argument, the following circumstances are comprehensively taken into account: (i) unlike the defendant's assertion, the respective text of this case does not divide between D and the defendant, and (ii) states that the defendant would pay 50% of the insurance proceeds to the plaintiff when he receives the insurance proceeds; (iii) the defendant grants 50% of the "all insurance proceeds and compensation" to the plaintiff; and (iv) there is no reason for the defendant to pay some insurance proceeds and compensation to the plaintiff; and therefore, the above "all insurance proceeds and compensation" appears to be premised upon the insurance proceeds and compensation to be received by the defendant.