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1. The Defendant: (a) from February 22, 2018, to Plaintiff A, KRW 10,201,328, respectively, and each of them.
Reasons
1. Facts of recognition;
A. The Defendant is the mother of the deceased E (hereinafter “the deceased”), and the Plaintiff is the denial of the deceased, and the Plaintiff B and C are the children born between the deceased and the Plaintiff.
B. On February 16, 2017, the Deceased died due to an accident, and during the period from March 3, 2017 to July 11, 2017, the sum of KRW 680,610,861 (hereinafter “instant insurance proceeds”) was deposited in the Agricultural Cooperative Account (Account Number F) of the Plaintiff during the period from March 3, 2017 to July 11, 2017.
C. Upon the Defendant’s request that the Defendant be responsible for the management of the instant insurance proceeds, Plaintiff A left the passbook and its seal of the said Nonghyup Account. The Defendant transferred KRW 601,00,000 out of the instant insurance proceeds to its own account between March 16, 2017 and July 21, 2017.
Plaintiff
A, after becoming aware of the above facts, demanded the Defendant to return all the insurance money of this case directly to the Defendant. Accordingly, the Defendant asserted that the Defendant paid 275,295,350 won out of the insurance money of this case from the Mart Life Insurance Co., Ltd. as the Defendant paid the insurance money, and thus, the Defendant would be the Defendant’s share.
Accordingly, on February 1, 2018, Plaintiff A entered into an agreement with the Defendant on the following terms (hereinafter “instant agreement”).
The Agreement A A and B shall agree as follows:
1. Eul recognizes that insurance proceeds of KRW 150,156,430 and KRW 125,138,920 are not shares of KRW 125,138,920, and recognizes that they will not raise a civil or criminal objection.
2. Eul entrusts KRW 100,000,000 to Gap out of insurance proceeds, and Gap recognizes the return of children if they are adults.
E. After the conclusion of the instant agreement, the Defendant returned KRW 190,000,000 to the Plaintiff on February 1, 2018, and KRW 80,000,000 on February 20, 2018, and KRW 90,000 on February 21, 2018.
[Ground of recognition] There is no dispute.