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1. The Defendant’s KRW 40,506,00 for the Plaintiff and 5% per annum from March 28, 2014 to August 17, 2015.
Reasons
1. Basic facts
A. (1) The Plaintiff and the Defendant are married couple who reported marriage on July 19, 2005, and they are currently in a divorce lawsuit (Ulsan District Court 2013D 9116).
(2) Before marriage with the Plaintiff, the Defendant was married with C on June 4, 1986 and was divorced on November 30, 2001.
B. (1) The Defendant and C (hereinafter “the deceased”) died on December 1, 2012 as the traffic accident on the part of December 1, 2012, and the Plaintiff and the Defendant jointly filed a lawsuit seeking restitution of unjust enrichment relating to the deceased’s death benefit under the Ulsan District Court 2013Kadan1012 against C. The instant lawsuit was concluded with the content as set forth below (hereinafter “instant adjustment”).
(2) The plaintiffs (referring to the plaintiff and the defendant in this case) and the defendant (referring to the defendant in this case) shall receive the amount exceeding KRW 100 million out of the insurance amount (including approximately KRW 130 million) to be received from the insurance contracted with the beneficiary in the event of death as the heir of Samsung Life Insurance Contract Number 2221614251006, contractor D, prime insured D, and Samsung Life Insurance Contract Number E, contractor A, insured D, and beneficiary in the event of death, and the insurance amount (including KRW 130 million) to be received from the insurance contracted with the beneficiary in the event of death as the heir. The plaintiffs and the defendant shall receive KRW 100 million in installments, respectively.
C. (1) Insurance money to be received from Samsung Life Insurance Co., Ltd. due to the death of D is KRW 131,012,119 ( = Insurance money related to the above contract number No. 30,263,800 related to insurance money No. 22161425,5106).
(2) Of the above insurance proceeds, C received around April 10, 2013 according to the instant conciliation and received KRW 81,012,119 (i.e., KRW 100,748,319 (i.e., KRW 100,748,319) of the remainder insurance proceeds (i.e., KRW 30,263,800) - C receipt amount to KRW 50,000), and actually received KRW 75,443,060, which offsets loans from the above amount to KRW 5,569,059.
[Reasons for Recognition]