1. The Defendant shall pay to the Plaintiff KRW 33,00,000 and the interest rate of KRW 15% per annum from December 3, 2015 to the date of full payment.

Facts of recognition

China's nationality C (C, hereinafter "the deceased") resided in the Republic of Korea and maintained de facto marital relations with the Defendant for more than ten years, and died on August 12, 2014.

The same year where the deceased diagnosed pulmonary cancer on June 19, 2014 and received hospitalized treatment.

7. 14. The Defendant claimed insurance money to Hyundai Marine Fire Insurance Co., Ltd. based on the accident insurance purchased by the deceased as the insured.

On August 1, 2014, the Defendant withdrawn KRW 20,000,000, out of KRW 40,000,000, out of the cancer diagnosis benefit deposited into the account of the Deceased’s community credit cooperative account on the same day, and deposited the remainder into the account of the Deceased’s bank on the same day, and deposited KRW 20,000,000 in cash on August 4, 2014.

On August 5, 2014, the Defendant transferred KRW 2,000,000 from the deceased’s bank account to its own account, and further withdrawn KRW 11,00,000 in cash.

Meanwhile, the Defendant transferred the registered name of the vehicle acquired on September 16, 2010 (hereinafter “instant vehicle”) to the Deceased on November 16, 2012, and used the vehicle solely after the Deceased’s death.

Pursuant to Article 49(1) of the Private International Act, the inheritance should be governed by the law of nationality of the inheritee at the time of death, and the inheritance law of the People's Republic of China Article 10, Article 13 and Article 15 provides that in case of inheritance of property, the spouse, children, parents, and the heir's share of inheritance of the same rank is generally equal but can be distributed differently by agreement of the heir.

At the time of the deceased’s death, the deceased’s first heir D, children E, and the Plaintiff were mother-friendly, but they completed the division of inherited property agreement on February 2016, where the deceased’s inherited property is owned solely by the Plaintiff.

[Ground of recognition] without dispute, Gap 1 through 7, 10, 11 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleading, the plaintiff is the plaintiff's claim for return of the delivery and use profit of the vehicle of this case, and the plaintiff is the deceased's possession and inherited.