1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is the husband of the deceased who completed a marriage report with the deceased C (hereinafter “the deceased”) on January 13, 2015.

B. Around March 2010, the Deceased was diagnosed as a gene cancer and received treatment. Around August 2014, the Deceased was receiving an anti-cam cancer treatment after the surgery. Around March 2015, the Deceased became aware of the Defendant through D’s introduction, and the Defendant was in line with the water guidelines and the water system for treatment.

C. On May 7, 2015, the Deceased remitted KRW 20 million to the Defendant, and KRW 5 million on May 10, 2015, respectively. On May 25, 2001, the Deceased purchased a Haf Policy Insurance, and on July 1, 2015, the name of the beneficiary was changed from the Plaintiff to the Defendant.

On July 26, 2015, the deceased died, and there are two children of the deceased as the inheritor.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1, 2, Gap evidence 5-7, Gap evidence 24-1, the purport of whole pleadings

2. The plaintiff's assertion is that the defendant acquired 25 million won from the deceased on the ground of treatment, and acquired 50 million won of the death insurance money by making the beneficiary's name change from the plaintiff to the defendant at the time of the death of the HF insurance that the deceased concluded, as well as by taking the beneficiary's name, and caused mental pain to the plaintiff by maintaining the relationship with the deceased.

Therefore, the defendant is obligated to pay to the plaintiff 10,714,285 won (i.e., KRW 25 million x 3/7) equivalent to the plaintiff's share of inheritance among the above money 25 million won, and the death insurance money acquired by deceit 50 million x 3/7), the consolation money due to internal relations, the sum of KRW 90,714,285 won, and damages for delay.

3. Determination

A. The deceased’s transfer of KRW 25 million to the defendant, and the fact that the beneficiary’s name was changed from the plaintiff to the defendant at the time of death is as seen earlier, but the testimony of the witness E of the first instance trial alone is likely to treat the deceased.