The defendant shall pay 100,00,000 won to the plaintiff and 12% per annum from August 20, 2019 to the day of complete payment.

1. Basic facts

A. The Plaintiff married with C and gave birth to D, who is a dependent, and C died on September 8, 2016.

B. From October 26, 2016 to January 31, 2017, the Plaintiff, the Defendant, and D received a total of KRW 605,019,847 from the insurance company to the E-cooperative deposit account (AccountF; hereinafter “instant account”) in the name of the Defendant, in total, KRW 605,019,847 from the insurance company’s death or termination refund.

C. around that time, the Plaintiff received a passbook and seal from the Defendant, and conducted financial transactions through the instant account, and used money deposited in the instant account, and wired KRW 50 million from the instant account to the Defendant and D respectively on November 28, 2016 and December 1, 2016.

On March 18, 2019, the Plaintiff remitted KRW 200 million to the Defendant (hereinafter “instant KRW 200 million”) from the instant account, and the Defendant placed the instant KRW 200 million on a fixed deposit at the steel source post office, G association, etc.

E. Meanwhile, on April 2019, the Plaintiff remarriedd with H on and around April 8, 2019, and transferred KRW 50 million from the instant account to H on April 8, 2019.

F. On July 24, 2019, the Plaintiff demanded the Defendant to return the instant KRW 200 million. The Defendant halfway the KRW 100,032,635, out of the term deposit with respect to the instant KRW 200 million, and deposited KRW 100,032,635, and returned the refund to the instant account. On July 29, 2019, the Plaintiff wired KRW 100,000 from the instant account to H.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The summary of the parties’ assertion (1) The Plaintiff distributes KRW 50 million each to the Defendant and D, from among the total sum of KRW 605,019,847 of the insurance money or the termination refund due to the death of C between the Defendant and D, and pays KRW 50 million each of the remainder to the Defendant and D by mutual consent between the Plaintiff and the Defendant.