1. As to the Plaintiff A’s ground of appeal

A. According to the reasoning of the judgment below, the court below dismissed the part of the claim for the payment of consolation money of KRW 200 million and damages for delay on the premise that the plaintiff A, his wife, inherited the claim for consolation money against the defendant of the deceased solely on the ground that the family head M, who is the father of the deceased K (hereinafter referred to as the "the deceased"), inherited the deceased's property solely. However, the court below calculated the inherited property of M (the deceased on June 20, 1973) on the premise that M inherited the deceased's claim for consolation money against the defendant, and based on this, calculated the inherited property of N (the deceased on October 13, 1976), who is the mother of the deceased (the deceased on October 13, 1976), and accepted only the inherited property of the plaintiff A and the part of consolation money unique to the plaintiff A, among the inherited property

B. However, we cannot accept the above determination by the court below for the following reasons.

(1) If a married child who is not the head of the household dies without any lineal descendant before the current Civil Code enters into force, the inheritance of the wife was a customary practice in Korea.

(2) According to the reasoning of the lower judgment and the record, the deceased, who was the head of South and North, died on March 17, 1951, and at that time, there were Plaintiff A, the father, father, mother, N, and wife, who was a family member, and did not have a child under the chain of the deceased.

Examining these facts in light of the legal principles as seen earlier, the Plaintiff A, the wife of the Deceased, shall be deemed to have succeeded to the deceased’s property solely.

Nevertheless, the court below determined that the family M, the father of the deceased, inherited the deceased’s property solely by misapprehending the legal principles on inheritance under the custom of the Gu, thereby making a judgment.

2. As to the Defendant’s ground of appeal

A. Examining the reasoning of the lower judgment as to the first ground for appeal in light of the relevant legal principles and records, the lower court, based on its stated reasoning, shall be the 11st class case in the order of the lower judgment.